Filing Bankruptcy May Be The Way To Go If You Are Way Over Your Head In Debt

By: Carmen VJ
Submitted: 2007-01-17 16:17:29
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Bankruptcy is great for people who owe more money than they really have. One of the goals in filing bankruptcy is to stop the creditors from collecting any debt from you. In deciding to file, this will be a very important decision to make. Taking a stand in controlling your debt problem is your best bet.

If your debt situation is small, then maybe you should settle with your creditors and come up with some kind of payment plan. If you can find a second part-time job or find ways to earn some extra cash then, that would be a great ideal to start working on this now. If your debt is much more than a second job can handle, then you should make the decision to file for bankruptcy. Just know what you are getting into before you decide.

One of the first things you should do before filing is get your credit reports from all 3 credit bureaus. And actually, you can get your credit report from each bureau for free only if you have not requested a credit report from each one of them this year. If you have already requested a credit report this year already then, you can still get it. But you will have to paid for it this time. If you have requested a credit report from one, then you still can get a free report from the other two and so on. You can send them a letter in writing, give them a call or apply online. These reports will actually show the majority of what you owe. And if you have any other debts that are not listed on your reports, then you need to make a list of those debts as well. Every debt including debts with collection agencies has to be listed. This is very important to do so these creditors and collection agencies can be notified of your filing. And this means that they will be required to stop bugging you.

There are new changes in filing bankruptcy that you need to be aware of and how these changes can affect you. All debtors must get credit counseling before one can file for bankruptcy. You will also need additional counseling on how to budget and some debt management before your debts are totally wiped out. There is no way around this as the bankruptcy court requires you to provide proof of successful completion of counseling. The goal here is to teach those in how to protect themselves so they will not have to be in debt in the future. And this new law also means that everyone will not be able to file for bankruptcy.

So if your thinking about filing, you have to get debt counseling first and it has to be approved by the court. So this does put limits on one. And on one's income as well. This new law has some income restrictions. If your income is too high then you have to reconsider you options. Each state has their own income criteria and this will let you know whether you can file for Chapter 7 or the other options you have left are to not file at all or file for Chapter 13.

If you are really struggling financially, then the option is still there to file bankruptcy. The process is just not as simple as it used to be. And I can understand why this new law came about. Bankruptcy claims have been so abused. And I do remember some years back, just about everybody was filing for bankruptcy. Unfortunately the backlash of this has presented itself in a high number of abuses in bankruptcy claims. So now with the new law in affect, if you claim that you can't pay your debts at all, you really have to proof it.

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