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Get Out of Bankruptcy using Your Home Equity
Filing for bankruptcy will not always discharge your from all your debts. Now that the New Bankruptcy Law has taken effect, filing for bankruptcy is ever more difficult and complicated. Today, your bankruptcy attorney cannot advice you about which type of bankruptcy you should file. Even if you want to acquire a Chapter 7 bankruptcy and be released from all your debts, it will not be so easy.
Under the new bankruptcy law, the bankruptcy court judge will be the one to decide whether you can file for a Chapter 7 Bankruptcy and get discharged from your debts. First you have to go through a “means test” which calculates your income, your monthly expenses and your financial capability as a borrower. If you passed the test, thats the only time you can file for a Chapter 7 Bankruptcy. If you fail, the judge will require you to file for a Chapter 13 bankruptcy.
Getting Out Through Home Equity
A Chapter 13 bankruptcy will put you in a repayment plan, which means you still have to pay off your debts. However, through bankruptcy, your debts will be reduced and your creditors will be giving you a much lower interest. Under the bankruptcy provision, creditors can only impose up to 10% of interest rate to their debtors. Furthermore, the New Bankruptcy Law has made all repayment plans to be a mandatory five-year term. This gives you a better chance at getting out of your debts more easily.
If you filed for a Chapter 13 Bankruptcy, there is a way to make things even better for you. By using your home equity to repay your outstanding debts, you have the option to pay off your debts either in part or full payment. Acquiring for a home equity loan will also give you more time to pay off your debts. Inquire from your attorney about this option so that he can personally make the necessary preparations if you do decide to get a home equity loan. It is also interesting to note that a mortgage loan is a great way to rebuild your credit.
No Need to File for Bankruptcy
It is also worth asking if there really is a need for you to file for bankruptcy. Given the fact that the New Bankruptcy Reform Act has made the procedures more strict and more complicated, you might want to consider other options rather than filing for bankruptcy.
Since the Bankruptcy Law will require you to undergo credit counseling with an accredited agency six months before filing, the credit counseling agency can help you find a more appropriate solution to your debt problem. Here is where a home equity loan again comes as an option.
A home equity loan lets you borrow the money you need based upon the value of your home property. By paying your creditors with your home equity, you dont even have to file for bankruptcy. Again, it will give you more time to make repayments and it will save your credit report from the record of bankruptcy.
However, before you do apply for a home equity loan, find a lending company who will be willing to give you better rates. Keep in mind that a home equity loan uses your home as a security so be aware about your payment obligations.
Purchasing a Car With a Home Equity Loan?
It may sound strange, but it is possible to purchase a car by using the money obtained from a home equity loan and you may end up saving a lot of money in the long run by doing so. Home equity loans compared to car loans are inexpensive sources of finance and also, they are a lot easier to qualify for. Thus, if you have equity left on your home and you are planning on buying a car, keep on reading.
A home equity loan has no specific purpose and thus can be used for purchasing anything you want or need. In this case, you can use the money to buy a new or used car and by doing so, youd be reducing the interest rate you will pay for the money borrowed. Though car loan and home equity loan are both secured loans, the loan conditions of home equity loans are more advantageous.
Benefits Of Equity
Equity can provide a lot of benefits when you need to borrow money. Home equity constitutes better collateral than a car and thus the financial transaction backed up with home equity implies less risks for the lender. Thus, you will be able to obtain better interest rates and better loan terms like higher loan amounts, longer repayment programs and lower monthly payments while saving money in terms of interests at the same time.
Also, equity as collateral has less possibilities of destruction or damage compared to a car. Thus, the costs on insurance will be significantly lower. Anything that reduces the risk in the financial transaction pushes the interest rate down because the rate is the way the lender compensates for the risk that lending money entails.
Moreover, for the same reasons expressed above (the risk reduction on the loan transaction) the requirements for approval will be lessened. When it comes to credit requirements, truth is that as opposed to car loans, if you have equity left on your home you can obtain financing even if you have extremely bad credit, no credit at all or a bankruptcy on your credit history.
Disadvantages Of Using Home Equity Loans
The main problem of using your home equity for purchasing a car, is that the means are way above the purpose. It is just like using a bazooka to kill an ant. Thus, if you ever need to resort to this form of financing for other purposes like making home improvements or consolidating debt, you may find difficulties because you have already obtained a home equity loan for purchasing a car.
The other problem, maybe the most serious one, is that since home equity loans use the equity that is left on your home as collateral for the loan, you are risking repossession of the property if you even fail to repay it. It works just like mortgage loans. In the event of defaulting on the loan, the lender has the legal right to seize the property and sell it in a public auction in order to claim the money lent. Thus, you should make sure that you will be able to afford the monthly payments.