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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.
Bankruptcy as an Emergency
The current financial turmoil has resulted in a lot more people getting to know the intricacies of Bankruptcy.
With the alarming rate of job losses, salary cuts and persons going out of business, this was only bound to happen. It is a sad phenomenon, but one cannot be just sad about it and let what follows befall upon themselves.
The more people know about Bankruptcy as a topic, the better it is. I must assert here that the Law of Bankruptcy protects and helps you regain control of life which gets stolen by the financial troubles. It is therefore imperative for everyone to at least know about the existence of such a law and who they need to approach in case they face an economic breakdown.
My experiences in dealing with Bankruptcy cases have confirmed the idea that persons try and avoid filing a Bankruptcy as much as they can. Why? I do not know. I presume that a sense of shame and guilt coupled with a total lack of knowledge about the provisions under Bankruptcy lead to this.
However, one must realize that any hesitation in breaching the topic of Bankruptcy should be overcome in a positive sense as Bankruptcy does not happen by itself. It is a form of clever manipulation of figures and words by creditors which gets many of us to the point of total financial breakdown. And if you do nothing about it and to protect your savings, property, etc. then that is the point when shame gets some justification. After all you owe it to yourself and your family to try and save as much as possible of your savings and assets.
Even if you are in a situation where you have defaulted on your payments and received calls from your creditors asking to verify your address, or received default of payment notifications, etc. filing a Bankruptcy can stop short and delay almost all incidents of repossession, foreclosure, eviction and taking of money from your bank account.
Usually such happenings do not take place without warnings. And if you remain alert about the communications you are receiving from your creditors then more often than not you can predict the course of action they might follow.
In such situations it becomes very important for you to seek the advice of a Bankruptcy Attorney.
Only an experienced Bankruptcy Lawyer is best equipped to evaluate your case and advise you the perfect plan of action to be taken for proper protection from your creditors. But then again, do not land up empty handed for an appointment with your attorney. Be sure to carry any and all papers relating to your current financial condition, your source of income, additional credits or loans, tax returns filed, etc. When in doubt it is always better to make a phone call and inquire about the documents you need to carry along with you.
Your meeting with the Bankruptcy Attorney is your first step towards delaying or stopping repossessions, foreclosures, evictions, etc. As soon as your attorney files your papers with the courts (this can be done electronically) it stops short all evictions, repossessions and foreclosures.
Just remember that you can rescue your life savings and assets, even if you file your Bankruptcy in an Emergency!