Posts Tagged ‘Bankruptcy’

Top Five Reasons People File for Bankruptcy

Tuesday, March 23rd, 2010

The bankruptcy statistics in America are alarming. The past few decades have seen a dramatic rise in the number of people that are unable to pay off their debts, and Congress has recently addressed the issue with legislation that makes it harder to qualify for this status. Following is a list of the most common causes of bankruptcy in America today.

1. Medical Expenses

A study done at Harvard University indicates that this is the biggest cause of bankruptcy, representing 62% of all personal bankruptcies. One of the interesting caveats of this study shows that 78% of filers had some form of health insurance, thus bucking the myth that medical bills affect only the uninsured.

Rare or serious diseases or injuries can easily result in hundreds of thousands of dollars in medical bills – bills that can quickly wipe out savings and retirement accounts, college education funds and home equity. Once these have been exhausted, bankruptcy may be the only shelter left, regardless of whether the patient or his or her family was able to apply health coverage to a portion of the bill or not.

2. Job Loss

Whether due to layoff, termination or resignation, the loss of income from a job can be equally devastating. Some are lucky enough to receive severance packages, but many find pink slips on their desks or lockers with little or no prior notice. Not having an emergency fund to draw from only worsens this situation, and using credit cards to pay bills can be disastrous.

The loss of insurance coverage and the cost of COBRA insurance also drain the job seeker’s already limited resources. Those who are unable to find similar gainful employment for an extended period of time may not be able to recover from the lack of income in time to keep the creditors at bay.

3. Poor/Excess Use of Credit

Some people simply can’t control their spending. Credit card bills, installment debt, car and other loan payments can eventually spiral out of control, until finally the borrower is unable to make even the minimum payment on each type of debt. If the borrower cannot access funds from friends or family or otherwise obtain a debt-consolidation loan, then bankruptcy is usually the inevitable alternative.

Statistics indicate that most debt-consolidation plans fail for various reasons, and usually only delay filing for most participants. Although home-equity loans can be a good remedy for unsecured debt in some cases, once it is exhausted, irresponsible borrowers can face foreclosure on their homes if they are unable to make this payment as well.

4. Divorce/Separation

Marital dissolutions create tremendous financial strain on both partners in several ways. First come the legal fees, which can be astronomical in some cases, followed by a division of marital assets, decree of child support and/or alimony, and finally the ongoing cost of keeping up two separate households after the split. The legal costs alone are enough to force some to file, while wage garnishments to cover back child support or alimony can strip others of the ability to pay the rest of their bills. Spouses who fail to pay the support dictated in the agreement often leave the other completely destitute.

5. Unexpected Expenses

Loss of property due to theft or casualty, such as earthquakes, floods or tornadoes for which the owner is not insured can force some into bankruptcy. Many homeowners are likely unaware that they must take out separate coverage for certain events such as earthquakes. Those who do not have coverage for this type of peril can face the loss of not only their homes but most or all of their possessions as well. Not only must they then pay to replace these items, but they must also find immediate food and shelter in the meantime. Furthermore, those who lose their wardrobes in such a catastrophe may not be able to dress appropriately for their work, which could cost them their jobs.

Reaffirmations – Why the Judge Denying one is a good thing!

Thursday, February 18th, 2010

Even if a debt can be discharged, you may have special reasons why you want to promise to pay it. For example, you may want to negotiate a better deal or bring current with the bank on your car or home. To promise to pay that debt, you must sign and file a reaffirmation agreement with the court.  Reaffirmation agreements are required by bankruptcy law on vehicles only. Reaffirmation agreements–

  • must be voluntary;
  • must not place too heavy a burden on you or your family;
  • must be in your best interest; and
  • can be canceled anytime before the court issues your discharge or within 60 days after the agreement is filed with the court, whichever gives you the most time.

If you are an individual and you are not represented by an attorney, or it has been established that the agreement falls under “Undue Hardship”  the court must hold a hearing to decide whether to approve the reaffirmation agreement. The agreement will not be legally binding until the court approves it. If the court does not approve the agreement, you do not lose the car or house unless you have not been paying on the loan.

If you reaffirm a debt and then fail to pay it, you owe the debt the same as though there was no bankruptcy. The debt will not be discharged and the creditor can take action to recover any property on which it has a lien or mortgage. The creditor can also take legal action to recover a judgment against you. -  – and in financial trouble again.

101- Bankruptcy Chapters

Wednesday, February 17th, 2010

WHAT KINDS OF BANKRUPTCY CASES ARE THERE?

There are three  types of bankruptcy cases that a consumer would be interested in:

  • Chapter 7 is know as “straight” bankruptcy or “liquidation.” Debtors are provided certain cash limits on assets called “exemptions,” .  If a client is over these limits, the Debtor often has an opportunity to purchase back this property for the cash value over the exemption amount, from the Trustee.
  • Chapter 11, known as “reorganization,” is used by businesses and a few individual debtors whose debts are very high and they are unable to file a Chapter 13 or 7.
  • Chapter 13  requires a debtor to Chapter 13 Plan to repay a portion of certain debt,  from what is lets in their monthly household budget, after expenses.  This is the chapter that allows you to strip a mortgage from your home or cram a car to it’s value, for repayment.

Most people filing bankruptcy will want to file under  Chapter 7.   Either type of case may be filed individually or by a married couple filing jointly.

Basic Bankruptcy 101

Tuesday, February 16th, 2010

Bankruptcy is a way to temporarily suspend, and later prevent, all debt collection actions for debts you had at the time you filed your bankruptcy petition.

Once a person files for bankruptcy, the federal court grants an “automatic stay.” This prevents creditors from attempting to collect on any outstanding debts. Creditors may petition the court for relief from the automatic stay. Often, creditors whose loans are secured by property are permitted to take possession of that property.

 
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