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Should I File Bankruptcy?

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Call Toll Free 1-877-805-2270

Unfortunately with our economy close to a depression and unemployment at the highest rate in decades this question is on the minds of more people today than ever. Some people file bankruptcy when buried in debt because they have quickly concluded there is no other way out. Bankruptcy is never an easy decision to make and never should be done without thoroughly examining all available alternatives. Protections under bankruptcy law should be absolutely the last choice left.

Here are Four Alternatives to Personal Bankruptcy.

  • Debt Refinancing
  • Consolidation of Debt
  • Settlement of Debts
  • Creditor Negotiation

Debt Refinancing
If you are a homeowner and still have equity in your home the first alternative to evaluate is taking out a second mortgage on your home to pay off your high interest credit card, auto loan and other consumer debt. This will eliminate several bills and turn them into one much lower payment that will be easier to handle each month. It will also lower the interest cost you are paying on the debt substantially because you will be providing collateral for the new loan which reduces the risk of lending the money to you and thus allows your bank to charge lower interest. In order to qualify for this type of loan you will have to qualify with a reasonable credit history and income. By doing this you will be financing your consumer debt for several years rather than paying it off in a much shorter time period which will drive your total interest cost up. However, if you can secure debt refinancing with a second mortgage you will be much better off filing bankruptcy. Just make sure you DO NOT run your credit cards up again and fall into a much deeper hole!

Debts Consolidation
Many debt management programs will take over the management of your finances. They will help you to make and stay on a budget and, more importantly, work with your creditors to consolidate your debt into an affordable single payment. With this kind of program you make one monthly payment to the debt management company and they disperse your funds to your creditors on a creditor agreed to and approved schedule. This makes it easy for you as you are no longer dealing with creditors calling and writing you about your late payments. Often your counselor will also get late fees waived and interest rates lowered. If your stick with the program you will be debt free generally in three to five years. If this is a viable option make sure you sign up with a reputable firm and understand the fees, terms and conditions associated with the program.Again this will be much less painful than learning how to file bankruptcy.

Settlement of Debts
Debt settlement is a service offered by my law firms. If your creditors think you are likely to file bankruptcy they are willing to settle for less than you owe them rather than settling for nothing. This is an option to use when it looks like others will not work and you are getting close to a bankruptcy filing. Creditors such as credit card companies do this every day. In order to make this work you must have the money in hand to pay the settled amount agreed to by your creditors as soon as you come to an agreement. They should agree to then close your account and report paid as agreed to all three credit bureaus upon receipt of your check. You should not attempt this on your own. They have been through this many times and will be much better at the game than you. Debt settlement should not hurt your credit score nearly as much as bankruptcy.<

Debt Negotiation
Although it is difficult for individuals rather than lawyers to get creditors to write down the balance owed, it is possible for you to negotiate with your creditors and get some concessions on your own. If you contact your creditors and advise them you are considering personal bankruptcy then ask them to waive late penalty fees, lower punitive interest rates or maybe even stop finance charges altogether, and arrange a payment schedule often times you will be successful. It is very helpful if you make a good faith effort in this process by making some kind of payment to them right away. By getting to the point where you are actually reducing your balance on your statements each month rather than sinking deeper under penalties and interest charges you will eventually work your way out. This takes commitment to and good communication with your creditors. Make sure to talk to someone that has the authority to negotiate with you. Just think if you could avoid bankruptcy by doing this!

Talk To a Local Bankruptcy Attorney
Call Toll Free 1-877-805-2270

 

 

 

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