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What is the Cost of Declaring Bankruptcy and Are There Any Other Options?

A lot of people are running into means, once again, that the various
financial difficulty these days - assets that you do currently possess will
especially with a lot of major need to be listed, by requiring you to
corporations going through layoffs and take a "means test," and then a decision
buyouts. What this means is that a lot of will be made as to what you can keep and
people find themselves suddenly what you cannot. Everything will fall
unemployed and it may take some time to under an "exempt" or a "non-exempt
get another good paying job. When clause." You keep the "exempt" items, and
financial difficulties come, and they lose the rest. The "non-exempt" items
stay around for awhile, the thought of will either be sold, or you will be
declaring bankruptcy will come into some required to pay them back. Some things
people's minds - especially when the debt that are not exempt are child support and
starts getting out of hand, with no light education costs.
at the end of the tunnel. Here are some The cost for declaring bankruptcy can run
thoughts about bankruptcy that will help up to about $1,500 for personal
you to make that important decision of bankruptcy. This includes the filing
"Should I, or shouldn't I?" charges, and the lawyer's fees. The fees,
What Declaring Bankruptcy Means however, are dependent upon how much of
Declaring bankruptcy is basically an an income you have, and it will vary from
indication that you are not able to pay one state to another. The process of
the debts that you have legally incurred. obtaining a legal declaration of
For this reason, and the legal bankruptcy, assuming everything is in
examination of your bills and the way you order, can take up to six months.
handle your finances, as well as the After The Declaration Of Bankruptcy
humiliation involved, makes it a rather Once you have obtained a legal
stressful process. It means that you will declaration of bankruptcy, all of your
have to seek credit counseling, too. creditors know where they stand. For
Because so many people are attempting to some, the debts are discharged, and
get out of their debts, for one reason or others have received what will be paid to
another, Congress has passed an Act, them, or they know what will soon be
which was signed by President Bush in coming to them. However, it also means
2005, to place certain limitations on that your credit rates have been
declaring bankruptcy and who can do it. destroyed, and it will take years to
This Act, called the "Bankruptcy Abuse fully repair it. The bankruptcy is placed
and Consumer Protection Act," seeks to on your credit rating and will remain
make it more difficult to declare there for the next ten years.
bankruptcy and to help the creditor to What Other Options Are There?
receive a higher degree of compensation. If you are now in a position where you
This Act called for higher bankruptcy need to consider bankruptcy, then there
filing fees, credit counseling, and are some other options that may yet be
making it more difficult to file under available to you.
Chapter 7, making it necessary for more 1. Get Credit Counseling
people to file under Chapter 13 By this, it means work through a debt
bankruptcy. Many other details are also negotiation company who will take your
covered in the Act that place further case to the various creditors in an
limitations on bankruptcy. attempt to work out some kind of a deal.
Two Types of Bankruptcy This could be a good step in the right
Filing under a Chapter 13 bankruptcy direction because creditors know that if
means that there is a "reorganization" of you declare bankruptcy, then they may not
your finances, and it does mean that you get anything. Oftentimes, they will work
do repay much of your existing debt. You with you.
are required to make a plan that enables 2. Renegotiate Your Loans
you to pay back a lot of your existing Once again, by talking with your
debt in the next three to five years. creditors, you may be able to renegotiate
This means the sale of some of your for better loan terms. This could give
properties (or all of them) in order to you a greater leeway financially that
satisfy the debt. It is the bankruptcy could provide just enough of an edge to
Trustee who will make the decision as to enable you to get through it with having
what needs to be sold - not you. to declare bankruptcy.
Filing under a Chapter 7 bankruptcy




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