Saturday, July 14, 2007

How To Recover From Personal Bankruptcy

It almost goes without saying that nobody PLANS to file for bankruptcy. The detrimental effects of bankruptcy on your life and for 7 to 10 years on your credit report is not something that anyone would want to do or plan for, given a viable choice. One of the most difficult things about filing for personal bankruptcy, especially in the past several years, is that after coming out of bankruptcy, all of a sudden you find that people, even your friends, start to treat you like you have leprosy or the plague. You even find yourself feeling guilty when you buy something, even a gallon of milk at the grocery store, because there is also a psychological detriment to declaring bankruptcy. You feel as if you have failed -- failed yourself as well as your family.

Things happen and you need to embrace that fact. You didn't PLAN to file bankruptcy, it was just an unfortunate series of events or circumstance. The very first thing you need to do is to get over the psychological effects of it. You are not a bad person, and in fact, in the course of mentally reviewing what led you to that point (which you probably do several times a day anyway, right?), you have actually LEARNED some things along the way, which will allow you to avoid the same pitfalls in the future as you move forward with your life.

After you have declared bankruptcy, you need to understand that life goes on. You will still need to purchase basic necessities of life, you will still need a place to live, you will still need a car, etc. But one of the things you will undoubtedly find, and find quickly, is that obtaining credit for something like a mortgage or even a used car is going to be very difficult. To qualify for a loan after bankruptcy, you are going to have to be able to meet the lender's minimum criteria for your credit score, and bankruptcy puts a serious dent in your credit score rating number. The lower your credit score, the greater the chance that the lender will deny your loan request, or in best case, will approve your loan but at an interest rate that would make Bill Gates' eyes roll.

After you have obtained your loan and/or new credit cards, make more than the minimum payment and make sure you make that payment so that it gets posted to your account BEFORE the due date. For example, if your minimum payment is $25, make the payment for $30, or even more if you can afford it. If your payment is due on the 10th of the month, make sure you mail it no later than the 3rd of the month to make sure it reaches them on time AND gets posted to your account before the due date. Many banks offer free online checking and free online bill paying, which is a great way to go to get those bills paid on time. It's all done electronically, and besides saving yourself the cost of a stamp, you have also saved yourself the hassle of the possibility of delayed postal mail and the delay of the MANUAL process for the lender to post the payment to your account.

The bottom line is to make sure you have LEARNED something from the necessity of filing for bankruptcy. Understand what went wrong and be sure to watch for those pitfalls to make sure that you do not need to repeat that bankruptcy step.

About the Author
Jon is a computer engineer who maintains web sites on a variety of topics based on his knowledge and experience. You can read more about Bankruptcy Advice at his web site at Bankruptcy Advice

What You Must Consider Before Filing Bankruptcy

Bankruptcy is not something that you do on the spur of the moment, but rather it should be a well thought out plan that you only implement when you have exhausted all other possibilities. While bankruptcy may provide a way out of your current financial situation, you need to consider and be aware that the ramifications of filing bankruptcy are going to haunt you for the next 7 to 10 years. Many people who file bankruptcy are doing so to make things better "now" but they are not looking years down the road, and when they do and wish they had considered other options, it is then too late.

If you are on the very edge of filing bankruptcy and need a way out, there are multiple other options that may be available to you. If you feel like you're hopelessly buried in debt and you have very few assets, filing for bankruptcy may not be the answer to ending your financial problems. Though it sounds like an easy and attractive solution for one's financial problems, bankruptcy should be the last option any individual should resort to.

Throughout the process of filing for bankruptcy, it is a good idea to have a lawyer represent you through all formal bankruptcy proceedings. Unless you yourself are very familiar with bankruptcy law, especially the variations of the law within your state, it is more than just a good idea to have a bankruptcy lawyer represent you; it is almost a necessity so that you don't accidentally get yourself into worse trouble than you are right now. From start to finish, the process of filing for bankruptcy is much different than it has been in decades past, and a good bankruptcy attorney knows those pitfalls and can navigate around them.

Before taking the big step and filing for bankruptcy, you will need to do some reading, especially so that you can explain to your bankruptcy attorney the reason for considering bankruptcy. You may need to consider filing bankruptcy if your expenses are increasing because of divorce, job loss, or medical bills, while your income is decreasing because of the same reason. There are various good reasons for filing bankruptcy, but there are also many BAD reasons for filing bankruptcy, based on the ease with which one could do that in years past, but most of those loopholes have been closed, and it is not nearly as easy today to file a non-painful bankruptcy case.

If you have decided there is no alternative to filing bankruptcy, you may be asking yourself, "how do I find a good bankruptcy lawyer? If you have exhausted all other resources and still feel bankruptcy is your only viable option you can learn more about filing bankruptcy or buy do it yourself bankruptcy forms. If you're unemployed, on public assistance, have little or no money in a bank account, don't own an automobile, or rent or live with others, filing for bankruptcy may do little to improve your financial situation. The bankruptcy judge is going to want to see a plan of how you plan to change your current situation so that you are not back in the same position in another few years, so be sure that you discuss a financial plan with your bankruptcy lawyer.

About the Author
Jon is a computer engineer who maintains web sites on a variety of topics based on his knowledge and experience. You can read more about bankruptcy and options at his web site at Bankruptcy Advice

How To File Bankruptcy The Right Way

Like almost anything else, there is a right way and a wrong way to file bankruptcy, just as there is a good reason and a bad reason to file bankruptcy. Your success with your filing will depend heavily on what caused you to get into the position of thinking you need to file for bankruptcy, as well as the status of your personal assets.

The most common reasons for filing for bankruptcy are unemployment, huge unexpected medical expenses, marital problems, or largely overextended credit card bills. But filing for bankruptcy may not be the easy way out that many people think it is, and as it actually may have been a few short years ago when the bankruptcy laws were easier and more sympathetic to a person's circumstances. But the laws today are tougher, and it is very difficult to successfully file bankruptcy without a good case and good reasons to back it up. Also, many people do not consider bankruptcy alternatives, where you need to realize that bankruptcy should be your LAST consideration, not your first one.

First you need to consider your current situation. If you are unemployed, living on welfare or some sort of public assistance program, you have little or no money in any bank accounts, you do not own a car or truck, and/or you rent your home or are living with others, there is very little that bankruptcy can do to resolve or improve your financial situation.

If however you feel that filing bankruptcy is your only option, and I hope you have thoroughly explored all of your options and alternatives before reaching that conclusion, you should definitely discuss this with a good bankruptcy lawyer or bankruptcy attorney. In many cases, your first consultation will be at minimal or even no charge, and the lawyer can advise you as to what course to pursue, or if bankruptcy declaration is going to help, or perhaps make matters very much worse overall. There is a form at my web site which is free and can put you in touch with a local bankruptcy attorney who can look at your unique situation and would be aware and well versed in how bankruptcies are handled in your state and your particular part of the country.

A bankruptcy lawyer can help you determine factors like if it can be proven or demonstrated that you have abused your credit privileges, then you may even be disqualified from filing for bankruptcy. This is known as a "means test". Of course, there are always unique factors which got you to this situation, such as divorce, medical bills, unexpected and unavoidable large expenses, etc, all of which can play a factor as to whether you can file bankruptcy, and if you can, if it will help you at all.

For most people, the biggest disadvantage to filing personal bankruptcy is the fact that the bankruptcy will appear on your credit report for six years or more after you are discharged from bankruptcy. This is a huge red flag on your credit report, and obtaining new credit after filing for bankruptcy is going to be difficult if not impossible from most traditional lenders and credit card issuers.

With bankruptcy, like anything else, going about it the right way and knowing what you are getting into is the best way to approach it so that you do not end up doing more damage than the situation you are already in.

About the Author
Jon is a computer engineer who maintains web sites on a variety of topics based on his knowledge and experience. You can read more about Bankruptcy Advice and fill out a free Bankruptcy Evaluation at his web site at Bankruptcy Advice.