Solutions to Consumer Debt - Bankruptcy

Bankruptcy should be the last alternative when trying to resolve credit and debt issues. Bankruptcy is the process where an individuals debt is either eliminated or reduced under supervision of the court. Pre-bankruptcy credit counseling (before filing) and post-filing debtors education are now mandatory requirements to the bankruptcy process. There are two main types of bankruptcy that are generally available to a consumers; Chapter 7 and Chapter 13.

Chapter 7 is a straight liquidation of one's debt. This is where all creditor debts are discharged through the bankruptcy. A chapter 7 bankruptcy is a process where the consumer petitions the court to take all assets unprotected by law or non-exempt to pay off one's debt. If the debt exceeds the assets the debts are forgiven. The idea here is to provide the consumer a clean slate to move forward and learn from past financial mistakes. Please note; Federal student loans, child support payments, alimony, and back taxes my not be discharged. Chapter 7 bankruptcy is reported on a consumer credit report for a period of 10 years.

Chapter 13 bankruptcy is often referred to as a wage earner plan. With this plan, debts are restructured by the court and the repayment plan is determined by the consumers income and expenses. Under chapter 13 a consumer is allowed to keep their home with usually 10-99% of the debt being repaid. Chapter 13 is reported on a consumer credit report for 7 years.

Although bankruptcy can carry a stigma for many consumers, it does liquidate outstanding debts. With the outstanding debts liquidated a consumer can rebuild credit and actually present reasonably well to a creditor in the future, especially if the consumer takes the necessary steps to build and maintain a new positive credit history. It is important to go through all options before filing for bankruptcy. A consumer may want to speak with a non-profit credit counselor and definitely consult with a lawyer prior to any definite decisions.