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Mandatory
Credit Counseling for Those Considering Bankruptcy
Most Americans are aware of the sweeping changes in U.S.
bankruptcy law that were made by Congress recently. These changes, strongly
supported by the credit card industry, were designed to make it more
difficult for Americans to file for bankruptcy under Chapter 7 of the
Federal bankruptcy code. Chapter 7 allows consumers to essentially have all
of their debts wiped away by the court. While many people will still be able
to file under Chapter 7, many more will have to file under Chapter 13, which
requires the establishment of a repayment plan. A less publicized provision
of the bankruptcy bill is the one that requires debtors who are considering
filing for bankruptcy to first undergo credit counseling. What does this
mean for consumers?
Bankruptcy is one of the most difficult things a person has
to do. The decision to file bankruptcy is a hard one. Is it moral to wipe
your slate clean through bankruptcy? Is there any way for you to avoid
bankruptcy? While everyone has their own opinion on bankruptcy, bankruptcy
is often the only option some people and families have. So, what do you do
when you are in the midst of being bankrupt? What are your options at this
bankruptcy point?
Filing for bankruptcy will undeniably have a great impact on
your credit but sometimes it becomes the only option. It is important to
evaluate the budgeting and financial mistakes that helped lead you to this
direction. While we realize you didn’t get there on purpose you should self
examine your spending habits and start working on ways to rebuild your
credit. Yes you heard us right; you can still work on rebuilding your credit
even AFTER filing a bankruptcy. But, it will take time and perseverance on
your part.
Chapter 7 often
means the liquidation of a persons non exempt property. Upon the sale of
this property, creditors get a distribution or share of the proceeds. The
assets which are covered under existing liens or mortgages are already
promised to the issuing creditor. This may sound like everything you own is
subject to sale or to be confiscated, but the court does protect the
individual as well. Only those assets that are deemed by the bankruptcy
court will be liquidated, the remaining assets will stay in the custody of
the bankruptcy filer.
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