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 Complete Bankruptcy Information and Services

    At the Solutions Network, We don't preach-- we teach We know that bad things happen to good people. Our goal is not to look out for the interests of the credit bureaus or creditors-- It is to provide the best information and service available for solving your  issues.  The decision as to how to use the information is left to you.  NOTE: see bottom of page for answers to commonly asked questions about bankruptcy.

It is the Goal of the Solutions Network to provide the options you need to solve your issues.  If you need our services, we're here to help.  If you prefer to do it on your own, we'll help there too.  Click Here for FREE Bankruptcy Forms and Free Bankruptcy Manual.

At The All Solutions Network, we do more than prepare your bankruptcy petition.  We help prepare you for Life After Bankruptcy...  We provide a Complete Bankruptcy Package that gives you all of this...

Complete Bankruptcy Document Preparation-- We prepare all schedules, including the Federal Bankruptcy Petition plus, Schedules A, B, C, D, H, J, Statement of Financial Affairs, etc...

Tri-merged credit report-- so you don't miss creditors.  A complete record of all debts you owe, credit cards, car loans, real estate loans, collections, judgments, tax liens, school loans,  including balances, payment amounts, creditors names and their addresses-- Saves you hours in your debt investigation.Remember, if they are not listed in your Bankruptcy, you still owe the debt!

Do It Your Self Credit Repair Kit-- see credit repair.  By utilizing the techniques that we include in this 90 page book, you will be able to immediately begin to improve your credit rating and credit score, in spite of the bankruptcy.

Bankruptcy Information Packet--Comprehensive, but easy to understand information that shows how to maximize the benefits of your bankruptcy by not only eliminating debts, but by reducing the amount of debt remaining on that car or furniture on which you still owe money but want to keep.  In other words-- keep the car-- but get rid of half the debt.

The Truth is that Bankruptcy has it's Benefits and it's Drawbacks-- but whether it is the right decision for you depends on your particular situation...

 For one family Bankruptcy was the only way to achieve home ownership...

For another family, the failure to file, when truly necessary, almost cost them everything.

To see how and why bankruptcy impacted these families' lives see "Scenarios 1 & 2" Below.

    The huge increase in the number of filings and the resulting shrinking profits of many lenders because of bankruptcies, has resulted in substantial pressure to minimize the distribution of information showing that  Bankruptcy is not, generally, especially complicated, (The average consumer absolutely does not need an attorney) or that life after bankruptcy is not as difficult as often imagined or portrayed.  Even so, whether or not to file Bankruptcy is one of the most difficult decisions that a person makes in today’s society.  Accurate decisions require accurate information.  The things that cause people to come to a point in their life where Bankruptcy becomes something to even be considered are many varied.  But at this point, we are not going to talk about how we get to that place, but rather, what to do about it-- and to inform you of the true consequences.  We all know that bankruptcy is not a good thing.  It goes on your credit report and stays there for 10 years, and yes, for a year or two, if you apply for a loan, you will pay a higher interest rate.  There's no question, bankruptcy is rarely an ideal solution, but it is often the best solutions--  and as we'll see, it also is not an economic death sentence.

     Note: Recently, there has been a lot of discussion about credit improvement services.  Many companies are scams-- some are reputable.  Credit restoration has it's benefits and it's limitations.  Often times the effective dispute of derogatory credit can eliminate the need for bankruptcy and allow you to pursue objectives you may have that are almost impossible with the derogatories still on your credit file or with a recent bankruptcy.  For a comprehensive discussion of the benefits and limitations of credit restoration, click here.

 

Should You File?

There is no magic formula that tells you whether bankruptcy is the best choice for you-- but here a few facts to consider.

You don't need bankruptcy protection now if you have nothing that a creditor with a judgment could take from you, in either assets or income: that is, if everything you have is exempt  under the laws of your state, including your source of income, you have nothing to lose to a creditor and no need for bankruptcy protection now.  However, it's important to realize that just because the creditor has nothing to attach, now, does not mean that the debt can’t come back to haunt you.  

Are your present circumstances a temporary glitch?  Will you in the future be better off?  New job? Extra Income? Will you soon have your finances in place?  If you file now, (while down in the dumps, so to speak), you will undoubtedly be able to keep everything--plus... in two years you will be almost blemish free with no outstanding collections, late pays, or judgments.  Your credit worthiness will then be determined by your income and the credit track record you create after the bankruptcy.  If you keep a clean slate, you will again be considered a good credit risk.

 

WHAT IF YOU DON'T FILE? and your situation then improves??- Your improved situation is a great thing but...  In Two Years you could be faced with this-- You've weathered the storm now have great income, living the American Dream, have newly acquired assets-- that can now be attached by all the creditors to whom YOU STILL OWE MONEY!

Instead of a two year old discharge, and no existing debts, (your situation if you had filed),  you still have collections and judgments.

(If you didn't file) and you attempt to buy a home, (See No Down Real Estate Investment), the existence of the still owed collections and charge offs will in many cases prevent you from getting a home loan until they are paid, and at the very least will necessitate a higher interest rate and down payment.  If, on the other hand, your BK is two years old and all debt since then has been paid flawlessly, you will again be considered a good credit risk and qualify for the best home loans available.  There are even many home loan programs with low interest that will work for you SIX months out of bankruptcy.

  Bankruptcy Overview                       Bankruptcy Service Request

The Truth About Bankruptcy

The decision to file is intensely personal.  It is yours and yours alone.  Whatever, decision you make, be certain that is made with all the facts in hand.

 

What I am going to do here is not necessarily give you advice but rather elaborate on a couple of scenarios that I have had with my clients while dealing with Bankruptcy, and credit related facts-- also, what I suggested that they do and the end result.  Of course, how you proceed and the decisions you make are yours and yours alone.  My goal is to simply help you proceed with a broader view of what bankruptcy is.  Hopefully, this article will give you more relevant, real life facts to help you make a fully informed decision-- See the following true life stories of past clients.

 

Scenario 1

Inevitability.  File Now?  or File Later?

Scenario 2

Is doing the Right Thing the Wrong Thing for Your Family?

 

Do you own a home and are in danger of losing it?  See our article regarding alternatives and possible solutions to foreclosure.  Remember, you rarely have to lose your home.  Even though, Bankruptcy should be a last resort, if all else fails, a Chapter 13 will almost always allow you to save your home.

 

I had a close personal friend who came to me wanting to buy a home.  During the loan process we found that he had absolutely impeccable credit. Unfortunately, his income was only slightly more than his outgo, (as in about $100 per month, and this is before food and utilities!), .   My first question to him was how are you managing to make all your payments on time.  I had never seen anyone so overloaded with debt while making their payments so flawlessly.  He informed me that he was effectively borrowing from Peter to pay Paul.

    Under these circumstances, there was no way that he could qualify for a normal loan.  He only wanted around an $80,000 home, but even with the $8,000 down he was getting from a settlement, he could not qualify for a conventional low rate loan.  His expenses vs income was just too high.

    As I explained to him, with his income to debt ratios, he would never be able to buy a house.  At least, not with a fixed rate or reasonable down payment.  We were going to have to get creative.   I then explained to him that with his situation-- Namely,  the fact that every month he was going further and further into debt--  His minimum payments on the credit cards were getting larger and larger-- His income was staying relatively stagnant.  He was unquestionably spiraling into the need for a bankruptcy.  The only real question was would it be now or later?

     Here’s what we did.  We used his $8,000 insurance settlement for his down payment.  I persuaded the seller of the property to carry $12,000 for a term of 30 months.  Now, that we only needed a loan for $60,000 on an $80,000 home, We were able to get him a loan  secured by the property.  It was not a good loan, but a loan, nevertheless.  This loan was fixed at 6%, but for only two years.  After that it would adjust to about 12%, thus increasing my friends payment by about $300 per month over the original payment.  Generally, I wouldn’t negotiate this deal for my worst enemy, but we had a strategy that would insure that he would never have to pay that high interest rate.

NOTE:  If a person files Bankruptcy and then from the date of discharge, keeps any new or reafirmed debts paid perfectly, for most lenders, in two years, they will be considered to again be a good credit risk.  We closed the deal, he now owned the home and he then immediately filed Bankruptcy.  So he discharged his unsecured debt, and reaffirmed his home and car loan. (i.e. continued to make payments on home and car).

NOTE: There are now loan programs that will allow you to get a no money down home loan within 6 months after bankruptcy or even one day with a substantial down payment.  See Home Loans.

    At the end of two years, he had paid his remaining bills perfectly.  Additionally, because he had all of the unsecured debts discharged, his monthly obligations were reduced by about $600 per month.  He now had good credit and income to debt ratios that were reasonable, so he could now refinance his home and get rid of that first mortgage that was getting ready to go to 12%-- plus, because his home had appreciated, we could even pay off the $12,000 that he still owed the seller.  Because his finances were now in balance I was able to get him approved for a refinance to do the above at a fixed 6% interest rate loan.

Amazingly enough-- this was one of those rare situations in which the only way to accomplish the goals of home ownership for himself and his family, was Bankruptcy.

 

 Scenario 2

 Doing the right thing is always admirable.  But it has been my experience that sometimes doing the right thing for the creditors is absolutely the wrong thing for your family...    

    I was recently contacted by a family that had been struggling with debt for 3 years.  Prior to the beginning of their problems they had both had very good jobs.  As with most of us, good jobs equal good lifestyle and lots of debt.  Their income was such that they were not overloaded in the least.... but then he lost his job, the family income was halved for about six months.  They had some 30 day lates, but nothing too serious.  He finally found other employment-- just about the time that she lost her job!...  Over the next three years, for both of them, employment was sporadic.  In their attempt to do the “right thing”, keep their home, pay their bills, even if late,  they drained not only their savings, but raided their retirement accounts (Which you can almost always keep when you file Bankruptcy), as well, which of course carried huge early withdrawal penalties, (we managed to avoid most of the penalties on an amended tax return), but the point is that they were financially drowning.  At all costs, they were determined to avoid bankruptcy.  They wanted to do the right thing and pay their creditors.  They continued their spiral and sporadic employment for three years.

 

    This was admirable and I respect them immensely for their integrity.  But now, they had nothing left.  Even their retirement was gone!  Their home was in foreclosure and to keep the home, for themselves and daughter, they finally decided to file a chapter 13 bankruptcy.  If they had filed a Chapter 7 two years earlier...  They would have already had good credit, they would still have their retirement, and they would be stress free.  As it stood, we saved their home, but their retirement is forever lost and good credit was a thing that would elude them for another two years.

 In my opinion, the moral of the story is, if you can fix your finances, by all means, do so.  But please, for your sake and for your families sake, make an honest and objective assessment of your ability to pull out of the financial morass.  If Bankruptcy is inevitable, do it now, not after your retirement is gone.

 

What if your income is High?

There are presently no income standards for filing bankruptcy.   The real question asked of those filing Chapter 7 is whether the debtor has sufficient funds after payment of his necessary living expenses to repay his debts.  

 The United States Trustee or the Chapter 7 trustee can seek to have a debtor's case dismissed for "substantial abuse" if the debtor's income is sufficient to repay a significant portion of the scheduled debts.  11 U.S.C. 707(b).   The threat of dismissal is basically a coercive attempt to persuade the debtor to convert there case to a chapter 13, in which they repay all debts and arrearages over a period of 3 to 5 years.  As to how effective or legally binding these attempts are, the actual law on this subject is simply not well developed and the attitudes of trustees and judges about what is "abusive"  varies from district to district.  This concept does not apply to Chapter 7 debtors whose debts are primarily business debts, tax debt, or to those filing Chapter 13.

 The Real Question is-- Do you need to file bankruptcy?

Deciding to file bankruptcy can be a tough decision.  Almost everyone confronting the decision vacillates back and forth.  The constant struggle to pay your debts and "do the right thing"  versus just starting over.  Ultimately it's a question that only  you can answer, but if you feel compelled to do the "right" thing, please....

Think hard before resorting to liquidating IRA's or 401K plans to pay creditors:  these assets are generally protected from collection actions by creditors;  they are hard to replenish once spent; but most importantly, using retirement savings to pay creditors may create new debt in the form of income taxes and penalties for early withdrawal.  Often times your good intentions will just substitute your creditor from that of some lender to the IRS.   Given the choice, most people would rather owe the bank.

Can you avoid bankruptcy with outside help?   If you can't pay off your debt within three years on the present terms, contact a Consumer Credit Counselor or a similar organization;  they can help you make a budget and negotiate a repayment plan that may include a reduced or even zero interest rate on your existing debt.  Creditors generally cease collection actions against those participating in CCC plans.  

 Consider bankruptcy:

If these repayment alternatives are not feasible, then consider bankruptcy.  

 

  Bankruptcy Overview             Bankruptcy Preparation Request

 Can a Chapter 7 Bankruptcy Help Me? It is Very Possible.

 A Chapter 7 bankruptcy is a proceeding where you are allowed to get rid of your debts in exchange for turning over your "non-exempt" property to your creditors. Consider, if you don't have non-exempt property, or, as is often the case, if you own very little property, you will be allowed to get rid of your debts without losing anything.

 

Can I file a Chapter 7 Bankruptcy?

If you live, have a business, or have property in a particular state for the past 180 days,  then you likely can file for Chapter 7 Bankruptcy in that state.

Generally speaking, if you have not filed a Chapter 7 bankruptcy in the last 6 years and you find yourself coming home to pay your monthly living expenses (your food, utilities, etc.) but have no money left over for your creditors, your likely eligible to file a Chapter 7 bankruptcy.

 

What bills can I eliminate?

Virtually ALL BILLS can be eliminated in a Chapter 7 Bankruptcy. But, there are a few exceptions such as:

Student Loans

Spousal or Child Support

Recent Taxes

Criminal Fines, penalties

Debts incurred as a result of driving drunk, and some others.

 

Why should I file?

Most commonly because you have suffered a loss of work, been injured and have medical bills, are getting divorced, have other large expenses, or have just gotten in too deep with your credit cards.

 

What are the benefits of filing a Chapter 7 Bankruptcy?

A Chapter 7 Bankruptcy will

Stop wage garnishments

Stop foreclosure

Stop the creditors from calling and harassing you

Stop a lawsuit

Stop collections on debts that you cosigned

Stop collection on your personal debts

Stop an Unlawful Detainer - Eviction Proceeding

Stop collection on a judgment against you, and

Stop and possibly remove liens on you home or furnishings.

 

But I am married, I don't want my spouse to have to pay for my debts.

That's fine, in many instances you can file by yourself.

 

But I am afraid, I do not want to lose my job or go to jail.

You wont. Your employer is not allowed to discriminate against you for filing bankruptcy and you just can not ever go to jail as a result of filing bankruptcy.

 

Well, what about my home, car, and personal belongings?

In most instances, depending on how much "equity" you have in your home and car, you can keep these items. Most state laws allow you to keep a certain amount of reasonably necessary property including things like your home, car and personal belongings. A trained bankruptcy attorney can easily evaluate your assets and give you an immediate answer as to property at risk.

 

Will I be constantly in Court and having to take time off work?

NO! You will be required to attend one brief Court appearance. In usual cases this appearance, called the "First Meeting of Creditors" lasts just a few minutes (that's right minutes!). Generally this appearance will be your last.

Won't Bankruptcy ruin my credit?

NO! Remember, "credit" is only a term indicating the measure by which we are capable of borrowing money. Chances are, if you are reading this article, you are not able to borrow anyway!  Furthermore, more and more, the credit industry is recognizing that those who have filed bankruptcy are actually good borrowing candidates. Why? Because they have no debt, they have money available, they can not file bankruptcy again for 6 years. Don't simply believe that your credit will vanish after bankruptcy. This is not generally the case.  We get people approved for no down home loans for people with recent bankruptcies all the time.  I want to be clear, I'm not saying that a bankruptcy does not have negative affects.  What I am saying is that the affects are not generally as bad as many people believe.

Note:   The All Solutions Network provides low cost bankruptcy and shows how to file bankruptcy in most states.

Today's Solutions for Today's Issues

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Copyright © 2004 Bruce Castro The All Solutions Network
Last modified: 02/07/05