If you are dealing with crushing debt, and you're tired of having creditors call you day and night, you might be wondering if bankruptcy is a good solution. Here are five reasons why bankruptcy might be the answer you've been looking for:

1) Your first priority is your family - you must place your own needs, and those of your family, over those of your creditors. It doesn't make sense to let creditors push you into paying them if it means your family has to go without.

2) In many cases, bankruptcy will actually improve your credit. That sounds counterintuitive, I know, but consider this: One third of your credit score is based on your debt-to-income ratio, so eliminating your debt gives your score a significant boost. If you have good credit, though, bankruptcy will lower your credit score - but only temporarily. If you establish at least 4 lines of credit after bankruptcy, you should be able to raise your score to the 600s or 700s within a couple of years.

3) The concept of bankruptcy is deeply rooted in history - even back to Biblical times. The Book of Numbers required debt forgiveness every seven years; likewise, cultures throught the centuries have recognized release from debt as an element of a productive society. Even the founding fathers of the United States saw debt forgiveness as important to entrepreneurship and risk-taking - they wrote uniform bankruptcy laws into the United States Constitution!

4) The chances you will regret a bankruptcy filing are next to zero. Bankruptcy lawyers almost never hear a client say that they wish they hadn't filed - in fact, most people will tell you that it's the best thing they've ever done. Being free from overwhelming debt and nagging creditors is well worth going through the filing process.

5) You will avoid garnishments, leins, and tax levies. It's a terrible feeling to discover that your wages have been garnished, or that your bank funds have been frozen. Bankruptcy gives you the assurance that this will never happen.

Author: Jay Fleischman

About the author:
If you're in over your head, and you're ready for relief from the financial stress you've been carrying around, head over to www.NewYorkBankruptcyHelp.com to learn more about how bankruptcy can give you a fresh start - and help you enjoy your life again!

Article source: Free Bankruptcy Articles.

In times of global financial crises, such as the one we are experiencing today, a lot of people have gone from comfortably well off to struggling. In some cases, people have been forced to file for bankruptcy because of failure in debt settlement. If you have not reached that point yet but you think you are on your way, you would certainly want to know what options you have to recover. It is not surprising that you think bankruptcy is the worst financial situation to be in.

However, bankruptcy is taken as a positive move by some financial analysts. Filing for bankruptcy may help you get your finances back on the right track, although of course, you will always have that on your credit file. Still, if you are left with little option, it might be the best decision you can make. Yet, if you are not on the brinks of bankruptcy, you still have another option, and that is to find a good debt consolidator. Debt consolidators would assist you in paying off all your debts by basically taking control of your finances.
Debt settlement companies can help you as well; these are companies that arrange for you to reach a compromise with your credit card issuers. This way, you can start paying off your bills more to the limits of your budget and income. Although your credit standing will be shot, you can recover that in a few years especially since you would most likely be in a better personal financial standing. You can look to your local credit union for assistance, or if you would like to find a debt settlement company, check local listings or online listings.

Author: Mike Marakovitz

About the author:
Get Immediate Debt Relief. Learn More About Debt Settlement.


Article source: Free Bankruptcy Articles.

Debts can be the worst thing you can have in your life. Now that the world is in financial turmoil, it is not a shock that a lot of people are in the same situation as you. Debt settlement programs can help you; if the company you choose to represent you succeeds in negotiating your debts and payment schemes, then you can lead a better and more normal life. Trust me, debts could literally be your death - just imagine how much anxiety you can get rid off by knowing that you can look to someone for much needed assistance at times like this.

What are the things that lead to bankruptcy anyway? There are so many and if you think about it, now that you can look at your lifestyle in a different perspective - these are all caused by lack of proper financial planning. You may have taken on loans that were actually too bog for you to handle causing enormous monthly payments that take on added interest every tome you fail to settle on the date it is due. Debt settlement programs that are developed by debt negotiators can do so much for you.

Debt negotiators can assist you in lowering all your monthly payments; credit cards, auto loans, home loans, and other personal loans can be modified so that you can pay for them in rates that your income can manage. You can also drastically lower the interest rates that were given to you and late fees and finance charges can actually be waived. The goal here is to make you debt-free without having to file for bankruptcy, and, if you find the right debt negotiator, you will eventually reach that goal.

Author: Mike Marakovitz

About the author:
Get Immediate Debt Relief. Learn More About Debt Settlement.


Article source: Free Bankruptcy Articles.

A bankruptcy attorney is the expert who focus specially on bankruptcy law and provide help at the time of legal requirement. They can come to the aid of individuals as well as organizations that are facing such proceedings. These lawyers explain the nuances of the law and how these laws work to relieve businesses and individuals from their burden of debt. All such proceedings in the United States are regulated by Title 11 of the United States Bankruptcy code. Details regarding the chapter under which it has to be filed, period of time for which payments can be extended, which bills can be eliminated and which property can be kept are all explained in detail in the code.

The Two Main Types

The types of proceedings followed by bankruptcy attorneys are generally of two types. One is Chapter 7, which involves liquidation. The second type undertakes the rehabilitation of debtors according to reorganization plans advocated by the court and come under the purview of Chapters 9, 11, 12 and 13 of the code. Having lawyers handle these cases assures you of getting accurate legal advice when you file your case. Bankruptcy attorneys are committed to acquiring debt relief for you and also will fight for your rights and property. They defend you against your various creditors and help you to retain your home, vehicles and other assets.

Choosing An Attorney

Always choose an attorney who deals specifically with Chapter 13 bankruptcy. It is not a rule that every lawyer who takes up cases would deal with Chapter 13 only. The expert that you select should have adequate experience in dealing with Chapter 13 cases. Do not choose a person who has never undertaken such cases. Get accurate information about your bankruptcy attorney from the local bar association, to be sure that your case is in safe hands. Do not hire a professional who make impossible promises. Look around for a lawyer who views your situation in a realistic manner and provides practical solutions. The one that you hire should be well versed with the laws regarding Chapter 13. Also make sure that he or she charges you a reasonable fee.

One thing that can be worse than bankruptcy is to have the wrong person handling your case. This is why you need to do adequate research before hiring a bankruptcy attorney, because, after all it is your financial future that is at stake. Do not wait till the last minute to hire and check for appropriate certifications before taking a decision.

Author: Apurva Shree

About the author:
Do not detach yourself from the case after hiring a bankruptcy attorney. Keeping yourself involved with the case ensures smooth proceedings and also helps to keep your bankruptcy lawyer careful and alert at all times.

Article source: Free Bankruptcy Articles.

If you are facing personal bankruptcy, you may want to consider looking for alternatives before filing. Filing bankruptcy puts a mark on your credit score that will remain there for at least seven years, if not longer. If you can deal with your debt without filing bankruptcy, you may be able to protect your credit rating a little better.

First, think about why you want to file personal bankruptcy. Is it due to the creditors that are repeatedly calling and harassing you? If this is your reason, you may be able to stop the harassing phone calls without filing bankruptcy. Both state and federal laws protect you from these types of calls. Bill collectors are not allowed to threaten or harass you when calling.

Your creditors stand to lose all of the money they lent you when you declare personal bankruptcy. If you have gotten to that point, they may be willing to work with you so that they can get some of their money. For instance, they may be willing to lower your monthly payment amount or interest rate to give you the chance to get caught up with your debts.

Of course, talking to your creditors is scary, so you may want to enlist the help of a third party. Credit counselors can help you design a repayment plan and talk with your creditors for you. This will help you work your way out of debt without having to negotiate directly. The United States Trustee's website has a list of all of the government-approved credit counselors. You will have to go through credit counseling if you are going to declare personal bankruptcy anyway, so why not start the process before filing to see if you can get out of going to bankruptcy court?

If you have tried these alternatives and still find that there is no way you can get out of your debt problems on your current income, it may be time to file for personal bankruptcy. Just be sure you have tried to work your way out of your financial hole on your own before filing. Remember, filing for bankruptcy will have a long-standing affect on your credit rating and financial health, so it is not a decision to take lightly.

Author: Cary Bergeron

About the author:
Get more Bankruptcy Information or to learn about Chapter 13 Bankruptcy visit BankruptcyDistrictCour.com

Article source: Free Bankruptcy Articles.

Debt Consolidation is the last resort before bankrupcy for many of us.
What we need to know are hard facts about the types of debt consolidation, and how they can affect us personally.

The most obvious debt consolidation would be in the form of a loan. These can be an ideal choice if you are in a situation where you can afford to pay the loan repayment and all the added interest on top. Unfortunately for many, this is not an option.

So, moving onto FREE Debt Consolidation. What does it involve and how can you apply?

A company will take a close look at your incomings and outgoings. The debts that you owe inluding credit cards, store cards and any unsecured debt will be added together.

Once your status has been established, you may be offered an IVA (individual voluntary arrangement) or a DMP (debt management plan).

An IVA is a legally binding agreement which is paid over a fixed period of time. After that time period, any debt that remains is written off.

If you are advised to go for an IVA, you will need to sign a letter to the company who is dealing with your free debt consolidation. This will allow them to negotiate with your creditors on your behalf.
You will have to include all unsecured creditors in the agreement. Any secured payments you have, for example a mortgage, will still have to be paid as normal by yourself outside of the agreement.

This type of free debt consolidation normally lasts for 5 years. Generally, you will need to be insolvent to be eligible. This means that if you were to sell all of your assets that you own, the amount raised would not cover the amount of debt you have incurred.

Once a figure has been agreed with your creditors, you will be required to set up a standing order usually for a set amount every month.

The other free debt consolidation is a DMP. Initially it works the same way as an IVA. You make a list of your creditors and what you owe, and the company who is offering free debt consolidation will make reduced offers of payment to your creditors on your behalf.

There is never any guarantee that the creditors will accept the reduced payment put forward, but the free debt consolidation company should know what a reasonable and acceptable amount would be purely by experience.

There is no set period of time that the loan should be paid back. It all depends on ths size of your debt and if your creditors are prepared to freeze the interest and charges on your debt.

The same as the IVA, all unsecured creditors should be included in the DMP. Secured loans will need to be payed as normal.

Some DMP providers do charge a fee, so you need to check upfront that you are getting FREE debt consolidation.

Lastly, you need to remember that any missed payments could jepordise the whole arrangement. The whole arrangement is based on confidence that you will meet the new reduced payments. If you do miss, your creditors could add interest (exactly what you are trying to avoid)!.

Author: Nelson Smith

About the author:
Debt Consolidation is the last resort before bankrupcy for many of us.
What we need to know are hard facts about the types of debt consolidation, and how they can affect us personally.
for more Information on Debt consolidation and other matters of debt visit our website http://www.debitconsolidation1.com

Article source: Free Bankruptcy Articles.

In the past, 'Foreclosure' and 'Bankruptcy' were considered two of society’s dirty words. Today these terms are viewed by many as relief from Financial Black holes that can not otherwise be escaped. In the current economy, inundated with bad mortgages, many of which stem from predatory lending practices, coupled with credit card debt spinning out of control, bankruptcy and the loss of ones home have become common place. For many homeowners, a decision needs to be made as to which of these terms is the lesser of two evils.



For homeowners whose debt has spun out of control, and whose income does not cover expenses, foreclosure and or bankruptcy are options that may be inevitable. However, which of these terms truly is the lesser of two evils?



Should a homeowner file for bankruptcy, they may be able to eliminate all of their credit card debt, medical bills, court ordered judgments and even electric and gas bills. With the assistance of a bankruptcy discharge, they may then be able to stay current on their mortgage. However, many people are even more concerned about their credit score. They may ask, 'Will we be able to obtain future financing?'



Should a homeowner rather, opt for foreclosure, they will certainly loose their home, but do they really want to keep it in this market where the house may be worth far less then what is owed. If a homeowner opts to walk away from their house, they may own other investment property, and be able to live in a multi-family house, or they may simply want to rent and not deal with all the hassles of homeownership. 'If something breaks, let someone else fix it, repair it, deal with this problem'.

Neither option is an easy choice. A bankruptcy will remain on your credit for 10 years, while a foreclosure will only remain for 8 years, but many credit counselors report it has twice the negative impact on your credit score compared with a bankruptcy. It will be extremely difficult to obtain a new mortgage for many years after you have lost a home to foreclosure. Many homeowners may see foreclosure as a better option then simply obtaining the financial relief that the Bankruptcy Laws provide. What many do not realize is that a foreclosure may be even a darker mark on their credit then a bankruptcy. As a result, it may be even more difficult with a foreclosure on their record to obtain subsequent housing. Many mortgage lenders look at a foreclosure more seriously than they will a bankruptcy. As a result, a former homeowner may not qualify to rent the apartment or house they want, even though they may be able to afford it now that the mortgage obligation is gone.



One of the key factors to keep in mind is that when you file and receive a discharge of your debt in a bankruptcy, even if your credit score is lower, you are still a better candidate to receive future financing and in very short order. The reason is simple. After your bankruptcy discharge, you do not owe anything to anybody. Additionally, creditors realize that you can not file for a new bankruptcy for another eight (8) years, and as such can not walk away from any new debt that you may incur as a result of credit extended to you by a new creditor, be it landlord, credit card, or other financing option.

Now it should be pointed out that in many cases, you may be so far behind that a foreclosure is going to happen no matte what. If this is the case, it may be in your interest to file for bankruptcy right before the order. The reason is that if the bank sells the property for less then what is owed, the difference (commonly referred to as the deficiency) will be discharged. As a result, the bank will often sit on a foreclosure order for some time before they act upon it, so as to not loose more money. In the meantime, a homeowner can possibly short sell their house and move on with their life.



Based upon the foregoing, if you are facing a financial crisis that may end in either foreclosure or bankruptcy, consult an attorney to explore what your best option may be. The right decision may save you years of restricted credit in the future.

Author: Attorney Michael Goldstein

About the author:
The foregoing article was drafted by Attorney Michael Goldstein, of the Law Office of Goldstein and Clegg.

Article source: Free Bankruptcy Articles.

What is Bankruptcy?

Bankruptcy is when a person or business officially declares the inability to pay back creditors the money that was previously borrowed.

This (Bankruptcy) should only be done as a last resort, because bankruptcy will affect every aspect of your life. It (Bankruptcy) will also affect your ability to get loans, mortgages, and credit card in the future. However, for some people, declaring bankruptcy means finding freedom once again. It (Bankruptcy) wipes your slate clean so to speak, and you can start over again with your credit.

Things to do before declaring bankruptcy (Debt Consolidation):

However, there are a number of things you should try before you declare bankruptcy. One of these things is debt consolidation. Debt consolidation cannot help everybody concerned with money problems, but for some, it is just the boost needed to keep them from declaring bankruptcy.

What is Debt Consolidation?

Debt consolidation is basically taking all of your loans and paying them off using one large loan. You then have one monthly bill to pay instead of a number of smaller bills. This (Debt consolidation) can save you money in the long run. Why? The one large loan (Debt consolidation) will usually have a secured lower fixed interest rate. This is especially advisable if you are considering declaring bankruptcy because of high credit card debts.

Credit cards:

Credit cards have very high interest rates--usually much higher than any other kind of loan. If you miss just one month of paying your card in full, you may never get back on track for paying off the balance. This can really start to add up if you find that you have more than one card.

Debt consolidation is a way to avoid bankruptcy:

If you are far into debt, you can probably not get an unsecured loan from a financial institution, like a bank. However, you should be able to get a secured loan. A secured loan uses your house, car, or other possessions as collateral. With a lower interest rate, you can start making headway into your debt instead of simply making the minimum monthly payments. This will help you to avoid bankruptcy.

Conclusion:

Consolidating your debts may not be the best choice for everyone.

In fact, in some cases, bankruptcy is really the best way to get back on the financial fast track. However, it is important to realize that you have choices. If you don't have to declare bankruptcy, avoid it and you will find that your life will be financially easier to handle in the future. It depends on your unique situation.

Talk to a financial professional if you want more help learning about debt consolidation.

Author: M.S.Benz (Bendz

About the author:
Bendz(Benz M.S)'s articles about bankruptcy and debt consolidation and insurance at http://iniww.com/insurance/category/bankruptcy. Visit http://www.ctfsc.iniww.com/finance for finance tips.

Article source: Free Bankruptcy Articles.

Voluntary Liquidation is a process where by directors of a company put it into liquidation. The directors do it with the help of an insolvency practitioner who is licensed. Voluntary Liquidation is a bit adverse to a Compulsory Liquidation which is a process through which creditors can have petitions issued by the Court in order to stop the company from trading and increasing the debt.

In case the company has sufficient assets which are believed to be enough to pay back its creditors entirely, the situation is called solvent liquidation. It is also known as Members Voluntary Liquidation or Creditors Voluntary Liquidation. These are the mostly practiced forms of Voluntary Liquidation.

Generally the company is put into Creditors Voluntary Liquidation in a meeting of the directors of the company. The meeting is held with a licensed insolvency practitioner who helps in calling meetings of the company's creditors and members (shareholders).

First, the meeting of the members is held. Then, the resolutions of placing the company under Creditors Voluntary Liquidation are passed. After that the appointment of a licensed insolvency practitioner is made and they start acting as a Liquidator.

Soon after this meeting, the company's creditors hold another meeting which is also attended by the directors. In this meeting, the creditors ask from the directors the reasons that contributed to the collapse of the company.

Creditors Voluntary Liquidation is the most effective weapon which helps in dealing with an insolvent company very effectively. Through the Creditors Voluntary Liquidation, the shareholders or the directors of the company take the decision of placing the company into liquidation as it is already declared to be insolvent.

While placing the company into liquidation, the creditors appoint a licensed Insolvency Practitioner. They work as the liquidator of the solvent company. The key responsibilities of the liquidator are collecting the company's assets and distributing them to the creditors of the company.

The company generally stops all its trading as soon as it is put into Creditors Voluntary Liquidation. Under the supervision of the liquidator, the assets of the company are assessed so that the creditors may receive their dues. The employees of the company are also made redundant. However, there are certain exceptions to this rule. If the company has previous contracts; it is allowed to continue to trade if they can be fulfilled.

A board meeting is generally held in order for the liquidator to be updated as to the company's position. The meeting also seeks to advise all the directors of the company as well as to help in calling meetings of the members and creditors of the company. The meeting of the creditors and members is generally held the same day when all the proceedings take place. The venue of the meeting is decided keeping in mind the convenience of all the creditors. For all liquidation advice seek the advice of a licensed insolvency practitioner. Lines Henry can advice on all aspects of company and individual liquidation issues.

Author: Gareth Taylor

About the author:
Gareth Taylor is author of this article on Voluntary Liquidation.
Find more information about Voluntary Liquidation here.


Article source: Free Bankruptcy Articles.