Tuesday, July 10, 2007
How To Get A Loan Post Bankruptcy
That is just not the case. There are firms that actually specialize in giving loans to the bankrupt and those with other bad credit issues.
It may be that those who are bankrupt will have to wait until the bankruptcy case is dismissed or the creditors are paid to get a loan for a vehicle or residential property, but thats not always the case. A lot depends on what type of bankruptcy you filed.
If when you are bankrupt you filed a Chapter 7 bankruptcy before you can get a loan you will have to wait two years. With a Chapter 13 bankruptcy the criteria, generally, for acceptance of a loan when having been bankrupt is that the creditors have been paid.
Since the type of bankruptcy determines how quickly and under what circumstances you can get a loan after you are bankrupt its important to know the various types of bankruptcy. Here are the basics.
Chapter 7 bankruptcy is filed as a protection of your personal belongings and lets you start on the road to financial recovery while paying your creditors back systematically. If you have a loan or two or three when you go bankrupt you can still pay them back, on a schedule that you can afford. You dont have to default.
To apply for a Chapter 7 bankruptcy youll need to gather your list of the people and firms to whom you owe money - your creditors. Youll need to present to the bankruptcy attorney a list of your assets and liabilities, and the property that will be - you hope - exempt from collection.
Youll need to prove your income and your expenses, and a statement of what you intend to do about the debts that are secured. Your property, including any that is part of a secured loan when you go bankrupt, will be turned over to a trustee.
You, or your attorney, meet with the creditors, your list of exempt items is discussed and you tell the others how you will pay them back. They have 30 days to disagree. The creditors then have 90 days to talk with the court about you and your bills.
The reasons that the criteria for getting a loan when youve been bankrupt differs between a Chapter 7 and Chapter 13 is that in a Chapter 13 you keep your vehicle, your home and your other possessions.
It is possible that a potential lender, when considering you for a loan, could look askance at this type of bankrupt situation. You, unlike a Chapter 7 bankruptcy, chose not to give up your property to pay off your debts.
If the post bankrupt loan youre seeking is for a home or vehicle it could be that the new potential lender will recall that in the last bankruptcy the lender who had your home as collateral didnt get it back when you failed to pay.
http://www.bestnichearticles.com/Article/How-To-Get-A-Loan-Post-Bankruptcy/84285
How to Get a Car Loan After a Bankruptcy
These warnings are FALSE.
The truth is, if your bankruptcy is discharged, re-establishing credit can be done in as little as twelve months. As long as you know how the US credit system works, you can restore your credit quickly and painlessly.
1. Put you house in order.
You want to create a budget and make a savings plan. It's very important you come up with a savings plan that you're going to follow. You also need to make sure that any creditors who send you collection notices are taken care of right away. You can't ignore these notices just because they're for debt that was included in your bankruptcy. Contact the creditor and make sure they know so they don't file a new collection and stop the re-establishment process. Last, make sure you know why you filed for bankruptcy and how you're going to make sure it doesn't happen again.
2. Start hoarding cash and saving paperwork.
While saving a couple of months salary is probably the hardest part of the process, you need to have an emergency cash fund. Besides, you'll need cash for a down payment and secured credit cards. You also need to save all of your important financial documents like pay stubs, bank statements, and bankruptcy documents. Keep them in a safe place because you’ll need them to show creditors in the future.
3. Time for a secured credit card.
A secured credit card is an excellent tool for re-establishing bad credit. First of all, as long as you have enough cash for a deposit, you can get a card. Secondly, they're considered credit and they'll help you build some positive credit history. But whatever you do, don't carry a balance on your new secured credit card and don't use it more than once. In fact, you want to use the card one time and then cut it up. That way, you'll still be getting credit and your credit report will show that you're a disciplined credit user.
4. Buy an inexpensive pre-owned car.
I know that the idea of buying a cheap used car (2-4 years old, less than $10k) may not get your motor running, but remember the goal here is to re-establish quickly. You want to make a few payments on this car (6 to 12) and then trade it in for something nicer. Just make sure you have a down payment before you go shopping.
5. Apply for more credit.
Now that you’ve bought a car and you have a secured credit card, it’s time to get some unsecured credit cards and to start working with a local credit union. Apply for the Discover card, any Visa or MasterCard (as long as there isn't an annual fee), or any credit card offered by your credit union. Most importantly, if your application for a credit card is denied, call and ask WHY. Because most applications are denied by computer, you can often call and get a denial overturned.
6. Buy the car you want.
You've done all the steps, a year or so has passed, and your credit is officially re-established. Trade in that cheap car you bought in step four (unless you like it of course) and get something that you want with the benefit of having good credit.
Some things to consider as you re-establish. First, saving money is an important life skill. As long as you have savings you don't have any financial problems. Follow a budget, think before you buy anything, and don't put yourself in a position where you can financially fail if something goes wrong. Finally, remember what caused you to file bankruptcy and make sure you don't repeat it.
http://www.bestnichearticles.com/Article/How-to-Get-a-Car-Loan-After-a-Bankruptcy/84499
Insolvency: What It Is, And What To Do If You Have It!
While insolvency is similar to bankruptcy, the legal definition is important because under the Uniform Commercial Code, there are some additional rights which can be invoked by creditors if the debtor is deemed to be insolvent. Insolvency often leads to bankruptcy for companies. Bankruptcy is a matter of law which must be authorized in a court proceeding. Bankruptcy protects the debtor from their creditors while insolvency provides no safeguards for the debtor, therefore creditors may continue all legal methods to recover their money they are owed.
Insolvency can affect both individuals and corporations. If a business cannot solve their insolvency, they will usually be forced into bankruptcy, receivership or forced to liquidate all assets. If you find yourself in insolvency, you will need to either raise additional cash or find a way to refinance or renegotiate your debt.
Options for corporations include selling additional shares of stock, issuing bonds ("junk bonds" since they will have a poor credit rating), utilizing existing lines of credit or renegotiate loans More imaginative options for companies to raise immediate cash are selling assets (buildings or machinery) and then leasing back, or selling receivable (money owed such as fees billed but not collected) at a discount rate. Sometimes a larger company will be willing to buy your company even with financial troubles if you have a great product, local, reputation or customers.
Individuals trying to recover from insolvency can potentially refinance their home mortgage if they still have equity, transfer credit card balances to cards with lower interest rates or take out a personal loan. If you find cash alternatives or postpone debt, you will probably have to declare bankruptcy to protect yourself from your creditors.
You also need to be careful if you pay off some of your creditors if you are insolvent. This could lead to civil lawsuits from other creditors if they believe you are showing preference to certain specific creditors over other creditors, usually family members, friends or business partners. Insolvency is a definite warning signal of financial problems and without solving the problems, will eventually lead to either further financial difficulties or bankruptcy.
http://www.bestnichearticles.com/Article/Insolvency--What-It-Is--And-What-To-Do-If-You-Have-It-/86127
Understanding The Basics Of Bankruptcy
The process of filing for bankruptcy is also designed to provide protection from creditors. In this case, secure creditors have the assurance of being reimbursed because they are able to hold a lien on property. Thus, this option of payment is likely to be more accepted. Most creditors cannot attempt to collect any form of payment from you while the bankruptcy case is pending. Any discharged or excused debts are also unable to be collected from creditors. However, it's best to understand that not all debts are discharged.
Approximately 90 percent of all bankruptcy cases are caused by unemployment, medical bills, or divorce. While every situation is different the most common feature of bankruptcy is a large amount of debt incurred. The high interest rates of credit cards may also be a contributing factor.
Filing for bankruptcy is usually a last resort decisions which is made personally. The first step however, from freeing yourself from financial burden is making the best possible decision with the least bit of strain. Once this is done, you can petition the court. Basically the petition is seen as a request for protection and relief from creditors. It's only logical that you must provide some personal details such as assets, liabilities, income, and expenditures. Most often they will have had to undergo credit counseling within the allotted time.
Of course the most significant advantage to filing for bankruptcy is getting a fresh financial start. Another advantage is that after filing, most collection efforts will stop. It is also unlikely to affect your employment status. in most cases it will also end all garnishments. However, keep in mind that laws vary from state to state. Some states may even allow you to keep all equity in your home while others, may exempt a certain amount.
If filing for bankruptcy is in your future it's best to hire a bankruptcy lawyer. Use caution when associating with petition preparers, typing services, or paralegals. Filing on your own is most often not advized but should you choose to do so educate yourself on the laws and processes in your state.
http://www.bestnichearticles.com/Article/Understanding-The-Basics-Of-Bankruptcy/86128
Getting Past a Bankruptcy
But once it's done and over with it is time to start trying to get past that and rebuild your life and credit. You will just have to find banks that can work with you.
In many cases this means getting a secured credit card or an unsecured one that doesn't do a credit check. Whichever you get, make sure that you make your payments on time and regularly. It will take a couple years of this to prove that you are again credit-worthy, and you will probably be paying higher interest rates and/or fees for these cards, but over time you will come to the point where you can get regular credit cards again.
But more important is the impact a bankruptcy can have on your personal relationships. It's a major strain on them. Your money troubles do not vanish with the filing of bankruptcy. The things you have to give up as a result, the changes you need to make, the emotional lows of going through a bankruptcy are extremely hard on relationships.
Getting past these is in many ways harder. You may have to seek counseling. You will certainly need to talk about changing any shared habits that contributed to the bankruptcy. And you will need all possible emotional support.
If you have to hunt for work, a bankruptcy can make it harder to find a job, as many employers check credit histories. There is a feeling that people who are not responsible with their credit may not be as good of employees. Even if the bankruptcy was due to factors beyond your control, such as medical bills, this is something you may have to face.
Make a plan to improve your spending habits, especially any that were major contributing factors to the bankruptcy. Learn to live without buying so much stuff. Eat out less often. Find cheaper forms of entertainment.
It will take two years or more of work to start proving yourself on your credit history, and it will be years before the bankruptcy comes off your record. The more serious you are about showing that you have learned your lesson and that you can now be trusted, the sooner you can rebuild your credit.
http://www.bestnichearticles.com/Article/Getting-Past-a-Bankruptcy/86216
Monday, July 9, 2007
Can You Choose the Type Of Bankruptcy Filling?
In general, you can choose the type of bankruptcy for filling, under certain circumstances you may only eligible for certain type of bankruptcy filling. In most cases, debtors will choose chapter 7 for filling because it's fast, effective, easy to file, and doesn't require payments over time. Chapter 7 bankruptcy usually takes the least time to complete. Other common types of bankruptcy filling include chapter 12 and chapter 13.
Yes, you can choose the type of bankrupt filling but you may not eligible for it. Let see the criteria of filling for a few common bankruptcy types.
Bankruptcy - Chapter 12
If you are a farmer or a fisherman, for instance, you may consider chapter 12 filing. Chapter 12 bankruptcy filling is tailored for "family farmers" or "family fishermen" with "regular annual income". It is more streamlined, less complicated, and less expensive than chapter 11 (bankruptcy filling for large corporate reorganization).
Chapter 12 has allowance for situations in which family farmers or fishermen have income that is seasonal in nature. Thus, debtors with seasonal income will find it to be advantageous to file their bankruptcy under chapter 12. In additional, Relief under chapter 12 is voluntary, and only the debtor may file a petition under the chapter.
Bankruptcy - Chapter 7
Beside the farmer and fishermen, most ordinary debtors will choose chapter 7 as their bankruptcy filling type. The key factors of the popularity of this bankruptcy type are it does not need payments over time, easy to file and less expensive. However not every persons who are seeking of getting debt free by filling bankruptcy will be eligible to file under chapter 7. To be eligible for chapter 7 bankruptcy filling, you must meet the below criteria:
- You must pass the median income test:
You calculated average income must not more than the median income for your state (You can find the median income by state information from www .usdoj.gov/ust; click the Mean Testing Information).
- If you failed the median income test, you second chance for chapter 7 filling is on mean test:
Mean test is calculated based on your disposable income. To get your disposable income, calculate your average monthly income as describe in above paragraph. From that amount, subtract your allowed expenses (stated in IRS) and monthly payments you will have to make on secured and priority debts. If your monthly disposable income after subtracting these amounts is less than $100, you pass the means test, and will be allowed to file for Chapter 7.
Bankruptcy - Chapter 13
You will be forced to file your bankruptcy under chapter 13 if you are not eligible for chapter 7. Or if you have file bankruptcy before under chapter 7, then you need to go for chapter 13 for second bankruptcy filling.
Chapter 13, which has also been known as a wage earner's plan, is an interest-free repayment plan where a debtor repays at least some of his or her unsecured debts with regular payments over five years.
In chapter 7 filling, debtors need to liquidate their assets to pay to their creditors (creditors will share the amount from the liquidation); whereas, the debtor generally can continue to live in his or her home so long as the debtor complies with the terms of the Chapter 13 arrangement. This is one of the advantages of chapter 13 over chapter 7 bankruptcy filling.
In Summary
If bankruptcy is your ultimate option to get out of debts, you can choose the bankruptcy type to be file against, but you may not eligible for the bankruptcy type of your choice if you do not meet the required criteria. The best way to confirm it is check with bankruptcy attorney on which bankruptcy type you are eligible for.
About the Author
Cornie Herring is the Author from http://www.StudyKiosk.com. "StudyKiosk-Credit Basics" is an informational website on credit basics, debt consolidation and bankruptcy.
Do Bankruptcy Alternatives Work?
Avoiding bankruptcy will not only save your credit rating but it allows you to recover from a bad credit history much quicker. Here are a few bankruptcy alternatives that provide financial relief that can get you out of your financial bind.
Get On A Budget
The first thing you should do before making any major decision is take a hard look at your financial situation. Write out a budget and include details on monthly household income versus monthly household expenses.
Understanding how you are spending your money may help you get a handle on your finances and avoid bankruptcy. You'll be able to see areas where you can decrease your spending, such as eliminating the premium channels from your cable TV or taking your lunches to work from home.
Negotiating With Creditors
What ever you do, don't hide from your creditors because it becomes worse. Most often your creditors can help you if you call them and explain that you're having trouble with your finances. If you explain that you are thinking about bankruptcy, they may be willing to give you an alternative payment plan to help you avoid bankruptcy.
If you already have a credit card with a low interest rate, you might consider transferring the balance from a high rate credit card to the lower rate one. You may also be able to negotiate a lower interest rate with credit card companies. Call your credit card company and ask them.
Some will probably say no but others may say yes and this can be a huge monthly savings for you. It's worth a call because even if a few say yes, it's a big help to your monthly budget. Small gains like this can add up to more than what you think and may even balance your monthly expenses.
Get a Debt Consolidation Loan
Other good bankruptcy alternatives might involve getting a debt consolidation loan to pay off your high interest credit cards. A debt consolidation loan lowers your monthly payments and this could be a great way to avoid bankruptcy.
Borrow Money From Savings
Depending on your situation, it may be an option for you to borrow against your IRA or 401k to pay off credit cards or debts that have a higher interest rate. Before borrowing against or using your savings, you should consider any penalties carefully so you'll know if this is a smart option for you.
Credit Assistance
Credit assistance programs may also be bankruptcy alternatives that may work to help you. Credit assistance organizations manage your unsecured debt through a debt management program to help you avoid bankruptcy.
Working through debt management programs, creditors may offer benefits that can help you with your unsecured debts, by lowering your monthly payments, reducing interest rates and eliminating late fees. Depending on your past credit history, creditors may even re-age your account and show it in a current status.
Make sure you look into bankruptcy alternatives before you make the decision to change your financial life forever. Look at these bankruptcy alternatives to consider if they may be a better choice for you.
About the Author
This article is supplied by http://www.credit-repair-facts.com where you will find debt elimination programs and credit information to correct your own credit report. For more credit articles go to: http://www.credit-repair-facts.com/articles_1.html