| Debt That Qualifies |
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Credit Cards |
 |
Store Cards |
 |
Unsecured Bank Loans |
 |
Hospital Bills |
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Personal Loans |
| Non Qualified Debt |
 |
Student Loans |
 |
Mortgage Loans |
 |
Car Loans |
 |
Taxes |
 |
Less than $10,000 total |
|
The two basic forms of Bankruptcy protection for consumers are Chapter 7 and Chapter 13. Chapter 7
Bankruptcy protection essentially wipes away your debts (excluding student loans,
tax debts) and gives you a clean slate while allowing you to keep your home. Chapter 13 protection basically amounts to a court mandated
"monthly settlement" amount based upon your expenses and income.
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Bankruptcy
Advantages
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Bankruptcy protection ends the harassing phone calls from bill collectors and does wipe away most of
your debt if you qualify for Chapter 7 protection. If you do qualify for Chapter 7 protection, it is often possible to re-establish credit shortly thereafter.
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Bankruptcy
Disadvantages
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- Few Qualify for Chapter 7:In October of 2005, there was a major change to the
bankruptcy laws which ultimately made it very difficult to obtain Chapter 7 protection. Now to qualify, you must pass the "Chapter 7 Means Test" which is used to determine if you can make some
minimal payment each month to your creditors (sometimes as little as $50 per month). The law is literally so strict that it has become all but impossible for most Americans to qualify for Chapter 7 protection. Basically, if you had enough income to rack up a large enough debt burden to need
bankruptcy protection, you probably are making too much to qualify for Chapter 7!
- Higher Interest Rates: You can expect to
pay higher interest rates for years to come after filing for
Bankruptcy protection which ultimately lowers your purchasing power because it costs you more to borrow.
- Chapter 13 Protection Requires 5 Year Repayment Plan: Chapter 13 is no "quick fix" for your
debt problem. A
Bankruptcy judge will ultimately determine the amount of your
minimum payment to your creditors based upon your expenses and income - then require you to pay this amount for the next 5 years!
- Sell Off All Your Property Not Legally Protected: If you do happen to qualify for Chapter 7
Bankruptcy protection, the law requires you to
liquidate all of your assets in order to pay creditors. While your home is protected, most of your other assets will be vulnerable.
- Cost $1,000 or More: Bankruptcy attorneys charge you based upon the amount of your
overall debt and the complexity of your financial situation. At a time when you can afford it least, you will need to
pay out an additional $1,000 or more before the
bankruptcy will be processed.
In the end, Bankruptcy should always be considered an option of "last resort" when it comes to
debt relief!
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