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Are you in over your
head in debt?
IMPORTANT! The information in this area is comprehensive and
highly detailed. Read every section thoroughly and carefully.
Every debt situation is different. You want to find out what steps
will help you resolve your scenario the quickest and easiest way
possible. What may work for you may not work for others and vice
versa. Start reading and learning the differences of
debt
consolidation,
debt
consolidation loans,
and
bankruptcy
and learn which is the right course of action
for you! This section will also teach you how to re-establish and manage your credit as well as how
to manage your finances!
What is debt consolidation?
By
joining our debt consolidation program, the circumstances of your acquired
debt will often be extended at a reduced and/or ELIMINATED interest
rate with NO LATE FEES or further adverse effect on your credit
history.
Avoid bankruptcy &
learn how to manage your finances!
Click
here for a FREE debt consolidation quote. What
types of debt can be considered for debt consolidation? credit cards bank lines of credit medical bills past-due utility bills IRS taxes department store credit
cards collection agency
debts personal loans repossessions some student loans *
Mortgages and automobile loans are generally NOT included in our debt
consolidation plan.
What are the
benefits of debt consolidation?
Creditors are more willing to extend
favorable terms to such clients in hope that they (the creditors) will
avoid the considerable cost of turning the account over to a collection
firm or avoid an extended drawn out process if the account holder goes
through the expense of declaring bankruptcy. Not only does our debt consolidation
program help you avoid
bankruptcy, it will help you get out of debt the
fastest way possible, often helping you save thousands of dollars at the
same time! With our debt consolidation plan, the average consumer is able
to get out of debt 1-3
years on average. Normally, this same debt can take 10-15 years and
thousands of dollars more to repay! Our debt consolidation
program will also teach you the skills and information necessary to manage
your own finances and how to handle your spending responsibly, preventing
incidences of future debt from occurring.
Click
here for a FREE debt consolidation quote. Setting up debt consolidation
plans can be very useful and
financially wiser than applying for a
debt
consolidation loan! Why? The
disadvantages of
debt
consolidation loan is that one transforms unsecured debt which is not backed by
any collateral, into secured debt, which is. The family home is
often used as collateral for a debt consolidation loan. If you are unable
to meet the conditions of your debt consolidation loan agreement, you
put your home at risk. If you fall behind on monthly payments, your home
can be taken from you by the lender!
The interest rates associated with debt
consolidation loans are also VERY high. They range between 20-25% and
yield no advantage in reducing monthly payments or total interest. Debt
consolidation loans, including the interest, can take between 10 and 15
years to pay-off! Click the link to learn more about
debt
consolidation loans.
Click
here for a FREE debt consolidation quote. What are the disadvantages of a debt consolidation
program? Click the link to learn more about filing for
bankruptcy. Will debt consolidation show up on my
credit report? Shows as a Negative Situation: Shows as a Positive Situation:
Click
here for a FREE debt consolidation quote. Two
very important things consumers should know: What can I do to help myself? 7. Temptation - When ever you feel you just have to have it, take
a deep breath, step back and think it over for 24 hours. You may find
that you really didn't need it after all.
Click
here for a FREE debt consolidation quote.
What
types of debt can be considered for debt consolidation loans? credit cards department store credit cards car loans boat loans student loans furniture loans small Loans personal loans judgments or tax liens
home improvement loans What are the
advantages of debt
consolidation loans? 1. Lower payments -
because of the lower rates and longer terms available you can
drastically lower your monthly payments.
What are the
disadvantages of debt
consolidation loans? The interest rates associated with debt
consolidation loans are also VERY high. They range between 20-25% and
yield no advantage in reducing monthly payments or total interest. Debt
consolidation loans, including the interest, can take between 10 and 15
years to pay-off!
Some debt consolidation loans are personal loans at extremely high
interest rates. We don't recommend personal loans because you are trying
to get out of debt, not deeper into debt. Technically, since you are
borrowing more money, you're not really getting out of debt, you just
created more debt, but hopefully at a lower APR to pay your bills off
faster. Debt consolidation loans can be
financial suicide! In a study of the efficacy of debt consolidation loans, the FDIC concluded
that "..some consumers will increase credit card and other consumer
debt after a debt consolidation package is completed, thereby weakening
their ability to repay outstanding debts and increasing the likelihood of
bankruptcy."
Rules to follow
when you take
out a debt consolidation loan: a) The principal amount
that you are borrowing. These
variables should be clearly spelled out in the contract.
IF IT'S NOT ON THE CONTRACT, DON'T SIGN! 3. If you don't know how to check their math and
verify the monthly payments, don't sign the loan papers, you have no business
taking out a loan. You'll have no recourse later because in court they'll
just say "you signed the loan". Verbal statements or claims made
by salespeople do not hold up in court. There are many unscrupulous
"lenders" out there who prey off people who are naive or have bad
credit. They'll offer you the world, lying through their teeth to get you
to sign up to their program.
Bankruptcy is when a debtor hands over his
assets to the bankruptcy court and is relieved of the impending
obligation to repay their unsecured debts. The debtor's
remaining property is then administered for the creditors or is
distributed among them. A bankruptcy proceeding can either be
entered into voluntarily by a debtor or initiated by creditors.
After a bankruptcy proceeding is filed, creditors, for the most
part, may not seek to collect their debts outside of the
proceeding. The debtor is not allowed to transfer property that
has been declared part of the estate subject to proceedings. Click the link to
learn how to file for bankruptcy yourself. You can save
hundreds of dollars by doing it manually, as opposed to an
attorney. Before
you even consider filing for bankruptcy you should: ** Remember, except in unusual
situations (being a tax protester or willfully failing to pay
child support) you can't be thrown in jail for not paying your
debts. Nor can a creditor take away such essentials as basic
clothing, ordinary household furnishings, personal effects,
food, Social Security, unemployment or public assistance. When is
filing for bankruptcy the best course of action? An example of a temporary situation:
If you have fallen behind with creditors but you are still
making a reasonable income with the possibility of promotions or
raises, bankruptcy may not be the option to take. But what if neither one of
these situations pertains to you? Here is a comparison to help
you choose the best direction of achievement. What
is the impact of filing for bankruptcy?
Will
filing for bankruptcy stop harassing phone calls from bill collectors? What are
the different types of bankruptcy I can file for? Click the link to
learn how to file for bankruptcy yourself.
Chapter 13: If you received a Chapter 7 or Chapter
13 discharge within the previous six years, then you cannot
file for Chapter 7 bankruptcy unless you paid off at
least 70% of your unsecured debts in a Chapter 13
bankruptcy. On the other hand, you can file for Chapter 13
bankruptcy at any time.
You have precious non-exempt property.
You're behind on your mortgage or car
loan. In Chapter 7, you'll have to give up the property or
pay for it in full during your bankruptcy case. In Chapter
13, you can repay the debts through your plan, and keep
the property by making the payments required under the
contract.
You have debts that cannot be
discharged in Chapter 7.
You have co-debtors on personal
(non-business) loans. In Chapter 7, the creditors will go
after your co-debtors for payment. In Chapter 13, the
creditors may not hunt for payment from your co-debtors for
the remainder of your case.
New creditors might be more inclined to
grant you credit after a Chapter 13 than they would after a
Chapter 7. What generally
happens in consumer bankruptcy cases? Chapter 13: What
debts are non-dischargeable for bankruptcy? any debts that you did not remember to
register in your bankruptcy papers, unless the creditor
learns of your bankruptcy case
child support and alimony
debts for personal injury or death
caused by your intoxicated driving
student loans, unless it would be an
excessive adversity for you to repay
fines and penalties imposed for
violating the law, such as traffic tickets and criminal
restitution
recent income tax debts and all other
tax debts In addition, the following debts may be
declared non-dischargeable by a bankruptcy judge in Chapter 7 if
the creditor challenges your request to discharge them. These
debts may be discharged in Chapter 13. You can include them in
your plan, and at the end of your case, the balance is wiped
out:
debts you incurred on the basis of
fraud, such as lying on a credit application
credit purchases of $1,150 or more for
luxury goods or services made within 60 days of filing
loans or cash advances of $1,150 or
more taken within 60 days of filing
debts from voluntary or hateful injury
to another person or another person's property
debts from embezzlement, larceny or
breach of trust
debts you owe under a divorce decree or
settlement unless after bankruptcy you would still not be
able to afford to pay them or the benefit you'd receive by
the discharge outweighs any detriment to your ex-spouse (who
would have to pay them if you discharge them in bankruptcy). Click the link to
learn how to file for bankruptcy yourself.
What
property might I lose if I file for bankruptcy? What items are
exempt from being taken away when I file for bankruptcy? your cars, to a specific worth
jewelry - You may be limited up to
$1,000 or so in how much jewelry you can keep.
personal property - You'll be able to
keep most household goods, furniture, furnishings, clothing
(other than furs, appliances, books and musical
instruments).
life insurance (cash or loan value, or
proceeds), to a specific worth
pensions - Pensions which qualify under
the Employee
Retirement Income Security Act (ERISA) are fully
protected in bankruptcy. So are many other retirement
benefits; often, however, IRAs and Keoghs are not.
part of the equity in your home - Under
the Bankruptcy
Code, you can exempt up to $17,425 of equity. Some
states have no homestead exemption; others allow debtors to
protect all or most of the equity in their home.
tools of your trade or profession, to a
specific worth
portion of unpaid but earned wages - In
most states, you can protect at least 75% of earned but
unpaid wages. Each state has different laws
pertaining to garnishment of wages. You will have to check
with an attorney or the Attorney
General Consumer Affairs Office to see what the
garnishment laws are in the state where you live.
public benefits - Welfare, Social
Security, and unemployment compensation that have
accumulated in your bank account are all exempt. Will I
lose my house? If you are current on your mortgage
payments, you will not lose your house if you file for Chapter
13 bankruptcy, as long as you continue to make your mortgage
payments. In Chapter 7 bankruptcy, whether or not you will lose
your house depends on the amount of equity you have in the
property and the amount of any homestead exemption (which varies
state-to-state) to which you are entitled. If the total amount of debt against your
house is less than the market value, you may lose your house
unless a homestead exemption entitles you to all or most of the
equity. If
I rent, will I be evicted? ** One of the biggest worries
you may face in considering filing for bankruptcy is the
possible loss of your home or apartment. Though there are a few
situations where you may lose your home or apartment, keep in
mind that bankruptcy is not designed to put you out on the
street. Can I be
denied when I file for bankruptcy? With over a million people filing for
bankruptcy during each year, many bankruptcy courts are taking a
hard look at who is filing and why. And increasingly, courts are
rejecting debtors' claims and throwing them out of court.
In searching out valid bankruptcy claims,
many judges look to the totality of the circumstances, focusing
on some of the following questions. Do you have disposable income each
month?
Is your income steady? Are you eligible for a Chapter 13
bankruptcy? Could you use non-bankruptcy solutions,
such as negotiating directly with creditors, to repay your
debts? Can you reduce your expenses without
depriving yourself of necessities? Do other factors make you an
appropriate candidate for a Chapter 7 discharge?
In addition, a court will dismiss a
bankruptcy claim and possibly jail the person who brought it if
he or she defrauds the court. If you lie, hide or cheat, it will
probably come back to haunt you more profoundly than your
current debt crisis. You must sign bankruptcy papers under
penalty of perjury, swearing that everything in them is true. If
you deliberately fail to disclose property, omit material
information about your financial affairs or use a false Social
Security number to hide your identity as a prior filer, and the
court discovers your action, your case will be dismissed and you
may be prosecuted for fraud. But the law does not punish those
who make honest mistakes. If you accidentally leave something
off your papers or misstate something on your forms, you can
correct your papers or explain the mistake to the trustee.
Fraud, which will get you into legal trouble, is very different;
basically, it is something that cannot be explained or for which
the only explanation is: "The dog ate my homework."
While prosecution for fraud is rare, it's
on the rise. Click
Here to learn more about bankruptcy fraud. Will I
be able to apply for a car loan or mortgage
before the 10 years is up? If you are going to
apply for a cash loan, do not apply for an open credit
line, apply for a small installment loan with a bank or credit
union. Follow these guidelines when applying for a loan:
Have a specific purpose in mind for the
loan. Be honest. If the purpose is to reestablish credit,
say so.
Try and keep the loan request as
minimal as possible.
Be prepared to use savings or a CD as
collateral for the loan.
Be aware you’ll pay a much higher
interest rate. You’re considered a risk. What
about opening a checking account? More useful links for information related
to bankruptcy: Commercial Law League of America (http://www.clla.org). © 2001 All Rights Reserved
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