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

A lot of people are running into financialonce again, that the various assets that you
difficulty these days - especially with a lotdo currently possess will need to be listed,
of major corporations going through layoffsby requiring you to take a "means test," and
and buyouts. What this means is that a lot ofthen a decision will be made as to what you
people find themselves suddenly unemployedcan keep and what you cannot. Everything will
and it may take some time to get another goodfall under an "exempt" or a "non-exempt
paying job. When financial difficulties come,clause." You keep the "exempt" items, and
and they stay around for awhile, the thoughtlose the rest. The "non-exempt" items will
of declaring bankruptcy will come into someeither be sold, or you will be required to
people's minds - especially when the debtpay them back. Some things that are not
starts getting out of hand, with no light atexempt are child support and education costs.
the end of the tunnel. Here are some thoughts
about bankruptcy that will help you to makeThe cost for declaring bankruptcy can run up
that important decision of "Should I, orto about $1,500 for personal bankruptcy. This
shouldn't  I?"includes the filing charges, and the lawyer's
fees. The fees, however, are dependent upon
What  Declaring  Bankruptcy  Meanshow much of an income you have, and it will
vary from one state to another. The process
Declaring bankruptcy is basically anof obtaining a legal declaration of
indication that you are not able to pay thebankruptcy, assuming everything is in order,
debts that you have legally incurred. Forcan  take  up  to  six  months.
this reason, and the legal examination of
your bills and the way you handle yourAfter  The  Declaration  Of  Bankruptcy
finances, as well as the humiliation
involved, makes it a rather stressfulOnce you have obtained a legal declaration of
process. It means that you will have to seekbankruptcy, all of your creditors know where
credit  counseling,  too.they stand. For some, the debts are
discharged, and others have received what
Because so many people are attempting to getwill be paid to them, or they know what will
out of their debts, for one reason orsoon be coming to them. However, it also
another, Congress has passed an Act, whichmeans that your credit rates have been
was signed by President Bush in 2005, todestroyed, and it will take years to fully
place certain limitations on declaringrepair it. The bankruptcy is placed on your
bankruptcy and who can do it. This Act,credit rating and will remain there for the
called the "Bankruptcy Abuse and Consumernext  ten  years.
Protection Act," seeks to make it more
difficult to declare bankruptcy and to helpWhat  Other  Options  Are  There?
the creditor to receive a higher degree of
compensation. This Act called for higherIf you are now in a position where you need
bankruptcy filing fees, credit counseling,to consider bankruptcy, then there are some
and making it more difficult to file underother options that may yet be available to
Chapter 7, making it necessary for moreyou.
people to file under Chapter 13 bankruptcy.
Many other details are also covered in the1. Get  Credit  Counseling
Act that place further limitations on
bankruptcy.By this, it means work through a debt
negotiation company who will take your case
Two  Types  of  Bankruptcyto the various creditors in an attempt to
work out some kind of a deal. This could be a
Filing under a Chapter 13 bankruptcy meansgood step in the right direction because
that there is a "reorganization" of yourcreditors know that if you declare
finances, and it does mean that you do repaybankruptcy, then they may not get anything.
much of your existing debt. You are requiredOftentimes,  they  will  work  with  you.
to make a plan that enables you to pay back a
lot of your existing debt in the next three2. Renegotiate  Your  Loans
to five years. This means the sale of some of
your properties (or all of them) in order toOnce again, by talking with your creditors,
satisfy the debt. It is the bankruptcyyou may be able to renegotiate for better
Trustee who will make the decision as to whatloan terms. This could give you a greater
needs  to  be  sold  -  not  you.leeway financially that could provide just
enough of an edge to enable you to get
Filing under a Chapter 7 bankruptcy means,through it with having to declare bankruptcy.



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