วันเสาร์ที่ 31 มีนาคม พ.ศ. 2555

Start Out The New Year By Filing For Bankruptcy




As we usher in 2012, the bad financial decisions we made in 2011 will quickly become a lingering memory. Looking back to New Year's one year ago, I remember all the talk of how people were going to get out of debt for their New Year's resolution. One year later, it seems nothing has changed and according to the statistics Americans are going the wrong way. Credit card debt is now at an alarming $15,799 per American. With only 300 million people living in the United States it blows me away to learn that there are over 609 million credit cards held by US consumers. Considering age and ability to pay this would factor down to six credit cards being held per American. Over the last years, all the talk about getting the US debt under control and the US consumers, that control just went out the window. With these new numbers it's obvious that the US is going to see record numbers of Americans filing for bankruptcy. Since the changes to the bankruptcy code back in 2005, at first we saw a drop as expected and from 2006 on the numbers of those filing bankruptcy has continuously risen until 2011 where it went flat. This last year has perplexed many experts because the numbers say bankruptcy filing and yet we will probably finish out the year with 1.5 million bankruptcies filed, a little lower than 2010.
The common consensus from experts and bankruptcy attorneys across the US is this is the calm before the storm. After speaking with a bankruptcy attorney, they informed me of how many people came into their office and were too broke to file for bankruptcy. Now that's being broke. When you factor in all the costs, filing bankruptcy is really not that expensive. The average fee for a bankruptcy attorney to file Chapter 7 is about $1500. Add in the costs of the pre-bankruptcy counseling course and the post-bankruptcy financial management course along with the bankruptcy court fees and individual filing can plan on spending approximately $2000 for the entire procedure. Looking back at the amount of credit card debt the average American has currently, $2000 is really quite a value to wipe this out with no questions asked.
Since the New Year is upon us, what could be better than filing for bankruptcy and starting out the year being virtually debt-free from credit card debt. Why carry on another year kicking the can down the road making minimum payments and never chopping away at the balance due. This is how most Americans have been living since the downturn in the economy. With no good economic news in the future, it's time for people to cut their losses and protect what assets they have left. The banks had no problem taking a bailout from the taxpayers. Consider filing for bankruptcy as your 2012 New Year's bailout package to get you back on your feet. Don't let creditors make you feel bad about not being able to pay your bills. Most debt collectors get paid on the amount they collect and are not doing you any favors. By taking food off your kids table they pad their wallets with large commissions. Stop the craziness and start out fresh by filing bankruptcy in 2012.
The author is a professional that formed FilingBankruptcyNow.Com which provides information for debtors considering filing bankruptcy under Chapter 7 and Chapter 13 bankruptcy and helps individuals stop foreclosure and eliminate their debt by putting them in touch with a local bankruptcy attorney.

วันศุกร์ที่ 30 มีนาคม พ.ศ. 2555

Filing For Bankruptcy To Stop Creditors In Their Tracks



Because of the tough economic climate, many people are considering filing bankruptcy. One of the greatest advantages of filing for bankruptcy, besides getting your financial life back in order, is that it will stop those aggressive creditors in their tracks. Yes it is true, when an individual files for bankruptcy their creditors must stop calling them. They must stop garnishing the debtor's wages, they must stop any law suits or judgments, repossessions, foreclosure proceedings, and all contact with the debtor. In a nutshell, the creditors must stop everything they are doing to collect on the debt or take property from the debtor. This is possible because when filing bankruptcy, the debtor receives the benefit of the automatic stay. The automatic stay is a powerful legal tool that goes into effect the moment the case is filed with the court and prohibits creditors from contacting or taking any actions against the debtor.
There are a few exceptions to the automatic stay, which mostly includes matters of police power or marital obligations such as domestic or child support. For most people however, the bankruptcy filing with its automatic stay provides real relief and a chance to take a deep breath and evaluate their financial situation without the constant pressure from harassing creditors.
After filing bankruptcy, if creditors continue to call the debtor, bother them, garnish their wages, or take any other action against them, the debtor should contact their bankruptcy lawyer immediately. Creditors in violation of the automatic stay can face harsh penalties and fines from the court. However, if the creditors acted innocently without knowing about the bankruptcy case, then you can inform them of the bankruptcy filing as well as the case number and they must stop all contact at that point. If on the other hand, the creditors acted willfully, having knowledge of the bankruptcy case, not only can the bankruptcy lawyer make them stop, but the lawyer can ask the bankruptcy court to award actual as well as punitive damages and legal fees to the debtor.
To ensure that the debtor receives the advantages of the automatic stay, they must make sure that they provide their bankruptcy lawyer with a complete list of all of their creditors as well as the correct addresses so the court can send notices to the creditors of the bankruptcy filing. Usually the address to give is the one that the individual would send the payments to. If the debtor is unsure then they can call the creditor to obtain the correct address. If the debt has been sold to a collection agency and the debtor is unsure of the new address, then they can list the original creditor and address. It is not uncommon for an outstanding debt to be sold more than once to other collection agencies making it extremely difficult for the debtor to track down the newest creditor and address. However, as long as the debtor lists the original debt and address in the bankruptcy filing, then the debt will be discharged.
The bottom line is, if an individual is considering filing for bankruptcy then they should seek the advice of an experienced bankruptcy lawyer in their area. Once the case is filed and the protection of the automatic stay is in place, then the creditors legally must stop bothering the debtor. If they do not, then they will find out that they may pay dearly.
The author started DebtFreeBankruptcyAttorney.Com which is a website that helps individuals with debt problems by putting them in touch with a local bankruptcy attorney that specializes in filing bankruptcy under Chapter 7 and Chapter 13 bankruptcy. Check our website for more answers to bankruptcy questions and ideas on how to have a debt free future.