Bankruptcy

Although you may ultimately determine that Bankruptcyis your best option, understand that filing for bankruptcy has many negative effects that can last for up to 7 or more years, ranging from limited financial options, to an inability to obtain credit. Most people only learn about the true pain of these effects while living through them after they have filed for bankruptcy. A big mistake is often made when people do not get enough advice from credible sources and make bad decisions based on the advice of their enthusiastic bankruptcy attorney, who solicits the benefits of bankruptcy. In turn, the attorney cashes in as their clients file for bankruptcy. As the attorney is convincing their client that filing is the best thing to do, he knows his client is also receiving harassing calls from debt collectors using scare tactics to get people to pay up. The long term effects of bankruptcy outweigh the pain of dealing with credit harassment and the current stressful financial situation.

Effects of Bankruptcy

One of the most important effects of filing for bankruptcy is the psychological ramifications which are often sadly over looked. There are typically three types of stages one goes through after filing for bankruptcy. The first stage can last for the first few months, or even a couple years after someone has filed for bankruptcy. During this time the individual feels relieved, yet at the same time an immense feeling of guilt and failure. Once the individual moves out of this stage, there is a less stressful time where they forget about many of their past financial decisions. This time is short lived as the individual soon enters the third stage after filing for bankruptcy. During this time the individual experiences a lot of remorse and regret, often feeling a great deal of resentment towards those who advised them to file for bankruptcy. They realize that simple things such as not being able to buy Christmas or birthday presents become difficult to deal with year after year. Realizing that they are starting their lives over again, but without the ability to fulfill their life long goals becomes a painful reality. Those most harshly affected are those individuals who lose property that is non-exempt (unprotected). It can be tough. At Direct Debt Settlement we have helped many people on the brink of filing for bankruptcy*. It is possible to take control of your financial destiny and your life.

Chapter 7 Bankruptcy:

When the word bankruptcy comes up, most people think of Chapter 7 Bankruptcy, also known as "straight bankruptcy." Many people think of this as a quick fix, although if they file for Chapter 7, they later may find themselves full of regret and resentment. An individual who files for bankruptcy can retain assets that are considered exempt assets but a court can require that person to liquidate the value of non-exempt personal belongings. An individual may have to repay a creditor with collateral such as, house, car, or land which were used when the individual secured the loan. (to find out more about Debt Consolidation Loans click here.) Limitations of what personal property is exempt varies from state to state, although Chapter 7 does provide sufficient protection for most assets. Discharge is the term used when a court formally dismisses your case and removes your legal liability to repay creditors. Discharge usually takes between 3 to 5 months if everything runs smoothly. There are many times when a bankruptcy filing does not occur smoothly. A creditor reserves the right to file an adversary proceeding if they feel that a claim is non-dischargeable. Typically, a creditor will file a proceeding against claims involving criminal conduct, such as debts incurred on the basis of fraud or theft, embezzlement or breach of trust, or debts from willful or malicious injury to another person or their property. The creditor may also file a proceeding against damages from drunk driving responsibility. Credit card fraud can also include signing up for a credit card, loading up within a short period (12 to 24 months) and then filing. Do not expect creditors to just roll over; they often put up a good fight.
Not all debts can be discharged through Chapter 7. Some examples of non-dischargeable debts include the following:
§ Debts resulting from fraud
§ Alimony
§ Debts resulting from drinking and driving or reckless driving
§ Fines from traffic tickets or debts that result from criminal negligence
§ Debts from willful or malicious injury to another person or their property
§ Child support
§ Credit card, personal loans, and installment purchases made within 40 days of filing
§ Student loans (currently, student loans cannot be discharged unless the individual passes an undue hardship test. The individual has to prove that they made good faith efforts to repay the loan and prove that they cannot maintain a minimal standard of living if you were forced to repay the loan)

Chapter 13 Bankruptcy

Chapter 13 bankruptcy, unlike Chapter 7, involves a repayment plan. The repayment plan is approved by the bankruptcy court and involves an individual paying a feasible monthly payment, while still being able to fulfill their basic needs. An individual who has filed for a Chapter 13 bankruptcy may be allowed to keep their assets while paying a monthly fee for 3 to 5 years.If an individual has considerable debts that may be liquidated and lost under Chapter 7, they may consider Chapter 13. Many debts that can not be discharged under Chapter 7 bankruptcy can be removed with a Chapter 13 bankruptcy filing. For example: if an individual was behind on mortgage payments, rather than stand the risk of losing their property, as with a Chapter 7 filing, they may be able to negotiate a payment method with the bankruptcy court. Even the IRS can be paid back over time if an individual has an outstanding federal income tax balance. However, the effects of filing for bankruptcy can be fairly psychologically detrimental

Avoid filing for bankruptcy

Direct Debt Settlement's Debt Settlement Program is intended for people who have financial problems and want to avoid filing for bankruptcy. Below is a general overview of how our program works.
Who is qualified for our program? - Direct Debt Settlement's debt settlement program is only for people facing a legitimate financial hardship. This means people who are late on paying their debts, have little or no ability to pay their debts in the future, or are facing a possible bankruptcy.(Examples of qualifying hardships are a loss of income, an increase in excessive interest rates, a medical emergency, the death of a member of the household who provided financial assistance, a divorce, a failed business, a reduction in pay/hours, or unemployment.)
Who is NOT qualified for our program? - Direct Debt Settlement does not recommend that any person default on their debts. Our program is not designed for people who are gainfully employed, and can meet their monthly debt obligations, or for people who want to maintain a high credit rating. If you are capable of paying your debts in the normal fashion, by making minimum payments, then you should honor your debts and do so.
How will Direct Debt Settlement Settle My Debts? - You will be asked to put aside and save a set amount of settlement funds on a monthly basis. This amount will be determined in your initial analysis based on total amount of your unsecured debt and will be in line with your income and expense budget. Once you have accumulated enough settlement funds to make a reasonable offer to your creditors to settle the debt, Direct Debt Settlement will begin the negotiation process. Each person's situation is different and the negotiation process will begin at different times depending on the amount of your debt. Once the creditors agree to a settlement amount, we will present this offer to you. If you approve of the settlement, we will instruct the creditor to fax over the 'settlement offer' in writing. After we receive the written settlement offer, we will have a three way recorded conversation with you, the creditor and us to settle the account. Debts can be settled in two different ways: one lump sum or a term settlement. One lump sum is just that, one payment and the account is paid. A term settlement is a settlement which is paid over an extended period of time until the account is paid. Direct Debt Settlement then moves through each debt until all of your debts have been paid and you are debt free.
How do you apply & get this process started? - Complete the form online. A debt consultant will review your information and call you to go over your situation. After reviewing your financial situation and hardship, they will determine if you are qualified for our program.