Should I File Bankruptcy?

Some Frequently Asked Questions and Concerns.

Bankruptcy is about starting over and getting a fresh start. You will get back in control of your financial future. Do not feel any shame for considering bankruptcy. In today's economy, many people, from all walks of life, are in your situation. I have clients who were making an excellent income and living in expensive homes. Then again, I have young adults who started out in life with $35,000.00 in debt (thanks a lot, Master Card, Visa and Amex) due to "free" credit cards. Who gives an 18 year old a $5,000.00 credit line? The irresponsible people at credit card companies.
Take control, and feel no shame. Thousands have been laid off. This is not your fault. You cannot control the economy but you can take control of your own financial situation back by a bankruptcy lawyer. Since you were a tiny tike, the marketing companies have been trying to get you to buy into neighbor Jones' dream. Be like Barbie. Get whatever you wanted. Go for it. If you didn't have the cash, "charge it."
Credit card companies have been enticing -- pleading -- for you to charge up at 23% (some 24.99%) for years. How many "account balance" transfer offers have your received? How many new extensions of credit card debt have you gotten? Here's the trap: after you have established a decent payment history with a credit card company, they increase your credit limit. "Congratulations," they say. Now that you have more credit, go out and spend it. Here are some additional checks that are as good as money. Spend away. They will keep upping that credit limit until you can barely make the minimum payment. When this happens (and it happens to a lot more people than you think), they own you.

If you pay only the minimum payment on your Mastercard or Visa, you'll be paying that debt for 35 years or more. Is it any wonder people are stuck in this minimum payment trap? Don't feel any shame about taking back control.
The only thing the credit card companies have to fear is the United States Bankruptcy Code and a bankruptcy attorney. If you are considering bankruptcy, Attorney Roger Slain offer a free consultation to help you come to terms with your financial future.
Chapter 7 Bankruptcy is where you liquidate all non-secured debts. Chapter 7 Consumer Liquidation Bankruptcy applies when the monthly payment on all personal overhead (rent/car payment/utilities/groceries) exceeds your take home income. You will keep your home and your car under the current state of the law. You will want to have a skilled bankruptcy attorney to help so you don't lose anything.

Chapter 11 of the bankruptcy code is a "reorganization" and is primarily for businesses such as corporations and partnerships, OR for individuals with large debts and assets who do not meet the strict asset/debt limitations of Chapter 13.

Chapter 13 Bankruptcy is all about forcing creditors to negotiate with you subject to a bankruptcy trustee's approval. Chapter 13 Bancruptcy forces creditors to settle up for dimes on the dollar. Once again, you take control and you set forth a Chapter 13 Bankruptcy plan that you can work with. Chapter 13 Consumer Bankruptcy applies when your income exceeds your monthly personal overhead to some extent such that you are able repay some portion of the debt back. Once again, however, recognize Chapter 13 Consumer Bankrupcy puts you back in control.

Debt Consolidation Companies Are in Control
Credit card counselling and debt management services - it doesn't work, in my experience. Numerous clients have come to me after using a debt management company. Recognized "nonprofit" organizations are often funded by the credit card companies - are they on your side? No. Further, some counseling services require you to give them your paycheck. They take their fee, pay the credit card companies a payment, and then give you a monthly stipend. Don't do this. Take control .

Take Control of your Financial Future
Don't lose control of your financial future. Did you know this? If you breach your contract with a debt management or consolidation company (aka credit counselling), you lose all the benefits you have gained - penalties and interest all gets put back. Did you contract with them to protect your credit. They are right there on your credit report as Debt Consolidation Service or Credit Management... a negative entry that tells creditors that you are a bad credit risk. Consumer bankruptcy and consumer bankruptcy attorneys and lawyers are about empowering you. Don't let someone else control you.

Will I get credit offers after my BK ? You will get credit after bankruptcy . Some clients have been very concerned about the state of their credit after filing bankruptcy. It is a fact: a bankruptcy entry will appear on your credit report for 10 years following the discharge. This does not mean that you will not get a credit card, buy a home, or car for 10 years. Far from it; remember: creditors want you to borrow. Shortly after your bankruptcy discharge, I can almost promise that you will receive a credit card offer to help you get back on your feet. The fact is, you no longer have the majority of your debt; you have an ability to repay (income is freed up), and you can't declare bankruptcy (Chapter 7) again for eight years. Further, the probability of a consumer declaring bankruptcy a second time in their lifetime is low (it does happen, but after most people do it once, they change their habits).
Can I Buy A House or Car After Bankruptcy ? Yes! You can buy a house after bankruptcy. A home loan is up to the discretion of the lender, obviously. However, many of them want your business. They may charge you a higher interest rate or points on your loan, but it certainly is possible to get a loan for a house after bankruptcy. How long? Figure on waiting two years: the bankruptcy will still be there on your record, but it will be a diminished factor which they consider.So yes, you can and will get a mortgage after bankruptcy.
Roger Slain offers a free bankruptcy consultation. He is here to help you take back control of your financial future.
Call his office at 1-800-822-9131