Bank finance articles and tips

Declaring a Chapter 7 or Chapter 13 bankruptcy is a great financial option for those struggling with crippling debt - but there may be a few questions that you're asking yourself: what exactly happens to your credit score when you declare bankruptcy? How will your credit be affected once your bankruptcy is confirmed? What should you do in order to take advantage of the second chance that bankruptcy gives you?

Luckily, the Fair Credit Reporting Act (FCRA) is there to help curious consumers to shift through any credit confusion. Passed in 1970, the Fair Credit Reporting Act is a law enforced by the Federal Trade Commission that protects the basic rights of credit consumers in the United States. While the FCRA was established to put an end to extreme harassment from creditors and debt collectors, this act also allows consumers to receive one free credit report per year in order to check for any reporting errors that may cause a person's credit score to be lower than usual.

When a debtor files a voluntary bankruptcy, a change in circumstances may occur which justifies dismissing the case. While it is rarely recommended that a debtor dismiss their bankruptcy case, there are some issues which can arise that justify a dismissal. Let's take a look at a few:

Job Changes

If a debtor files Chapter 13 bankruptcy they are doing so because they earn enough income to pay some of their unsecured debts and hold onto property attached to loans. Under a Chapter 13 bankruptcy plan, a debtor's income allows them to make monthly payments for three to five years until the terms of the repayment plan is satisfied. However, if a debtor's income decreases significantly or they lose their job, they may want to dismiss their bankruptcy case. A dismissal may be the best course of action if a change in income occurs before plan confirmation or before the debtor has begun making payments. However, if the debtor has already begun making payments on their debts they might prefer a conversion to Chapter 7 bankruptcy instead.

The number of bankruptcies that have been filed in recent years has far exceeded those numbers that existed in prior generations. This should come as no surprise considering the unusually difficult financial situation most people currently find themselves. Sadly, there comes a certain stigma associated with filing bankruptcy but should there be? The answer to this is no. When you file for bankruptcy, you are taking a legal and ethical approach to dealing with your difficult debt situation. Often, filing for bankruptcy opens the door to being able to deal with a serious debt issue in the most effective manner possible.

A sad reality of today's economy is the number of people facing foreclosure. The thought of losing your home is traumatic. You may have already attempted to negotiate with the mortgage company, but found that a foreclosure is inevitable. If you are facing this dilemma, you need some good advice from an expert that can show you how to protect yourself. A bankruptcy attorney is an example of a professional that can provide solid advice. Bankruptcy protection may be your next best option. Unfortunately, many anxious home owners are prone to bad advice from unethical companies who see an opportunity to take advantage of their desperate situation. These companies attract these home owners by offering to show them a way out of foreclosure, and even claiming to get them out of their mortgage altogether. Some of these companies operate in a legitimate and ethical manner using an experienced mortgage attorney. Yet, there are a number of companies that attract vulnerable clients through misleading claims and empty promises.

The foreclosure rate in the United States has reached a pandemic level. There have been millions of foreclosures over the past few years. The number of these foreclosures has shattered annual records. So high is the number of foreclosures that levels such as this have not been seen since the Great Depression. This certainly leads many to wonder what can be done to forestall an eventual foreclosure if not outright stop it. There are certainly no easy answers or solutions to such a problem. However, it is possible that foreclosure actions may be stopped if you were to file for Chapter 13 Bankruptcy.

What is Chapter 13 Bankruptcy and how does it work as a means of stopping foreclosure?

Chapter 7 Bankruptcy

Under Chapter 7 bankruptcy, a homeowner will be able to keep their home if they have no equity in the house, because a trustee would have no money to distribute to creditors after selling the house. Also, a homeowner can keep their home if the equity that they do have in the house is exempt under the homestead exception. However, if a homeowner files for Chapter 7 bankruptcy, they will need to keep making mortgage payments on their house or else they will lose their home.