Do You Really Need To File Bankruptcy?



In the United States, until the Congress has passes the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, over 95 percent of all the bankruptcies were filed by the consumers, which had amount to over 1.5 cases a year.. The causes for bankruptcy may vary from a job loss to divorce to high health care costs. Under most circumstances, bankruptcy should be considered as a last resort. Keep in mind that the passage of the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act has made significant changes to bankruptcy law while limiting the financial relief factor for the consumers. Also upon filing bankruptcy, certain types of debt are not eliminated, including child support and maintenance fees, student loans and back taxes owed to IRS.

Before filing for bankruptcy, one should consider the alternatives.

1)Contacting Creditors- As a first step you should try to contact your creditors and try to give them the reasons why you are not able to make your payments on time. You would be surprised to find that most of the are willing to work with you to get you back on track. The last thing is they want from you is to file bankruptcy.

2)Consumer Credit Counseling Services- In many occasions Credit Counseling Services have proved to be very helpful. In addition to offering workshops on topics such as budgeting, credit, and debt management, they may be able to help you out by negotiating with creditors and be able to get you a reduced financing charges, lowered monthly payments, etc.

3)Debt Consolidation Loans- You can start by applying to your bank or credit union about consolidating your debts into one loan. This consolidation loan will be at a much lower interest rate, resulting in lower monthly payments. However, the rule of thumb is to stop buying on credit and avoid new credit purchases on all those zeroed credit card balances.

It is crucial for you to keep some of your payments current while you are working things out through the above mentioned alternatives. Mortgage, rent and car payments should be prioritized to avoid foreclosure, eviction or repossession. There is a difference between the Consumer Credit Counseling and paying for Agencies to fix your credit report. The latter is usually a rip-off and you could find detailed information on fixing your credit report yourself free.

As said earlier, personal bankruptcy should be considered as a last option. If you tried and found out that none of the bankruptcy alternatives had worked out, then you may be a good candidate for personal bankruptcy. However, simply by filing for bankruptcy does not mean that your debts will be erased with no effort on your part. There are many obligations and duties that you must fulfill, and the new bankruptcy reform makes it even harder than before.

Whether you decide to file for bankruptcy or not, it is vital for you to get yourself educated on bankruptcy law. You can easily gather basic and valuable information through the internet. Also you can visit your local library or bookstore and look up for books on the subject. If you want more details, you definitely should contact a bankruptcy lawyer. These trained professionals are well informed on the subject of bankruptcy, and be able to give you detailed answers to your questions while assessing your financial situation.

Jim Altison writes on marketing and business related issues. You can learn more by visiting my blog http://informationonbankruptcy.blogspot.com

Article Author :Jim_Altison


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