Wednesday 2 November 2011

Junk Debt Buyers & Debt Settlement


Individuals have two different types of bankruptcy debt relief programs: They are Chapter 7 bankruptcy and Chapter 13 bankruptcy.

The Pros of Chapter 7 Bankruptcy 

Chapter 7 bankruptcy is when a debtor seeks to have all debts erased. The positives associated with this type of bankruptcy are:

  • All collections agencies must cease trying to collect the debt 
  • It may be able to reverse wage garnishment 
  • Debtors without any assets have a chance to see their debts erased completely 
  • If they do have property, some of the liens on them may be released 
  • They will be starting with a clean slate 


The Cons of Chapter 7 Bankruptcy 

Chapter 7 bankruptcy also has some negatives, and they are:

  • The trustee that is appointed to people filing bankruptcy has control over how they spend their money 
  • The bankruptcy remains on their credit reports for a maximum of 10 years 
  • The bankruptcy remains visible in court records for 20 years 
  • Employers may decline to hire applicants who have filed bankruptcy 
  • People become emotionally distressed 
  • Not as many people can file for bankruptcy as before the year 2005 
  • It may not be as financially beneficial as the “New Deal” 
  • Very rarely can people discharge student loans or the taxes they owe the government 


The Pros of Chapter 13 Bankruptcy 

With Chapter 13 bankruptcy, people aren’t having their debts discharged; they are creating a court-approved plan to pay their debts. The trustee administers the money to be paid to the creditors for a period not to surpass five years. The advantages are:

  • It gives people a way to catch up on their missed payments 
  • After a Chapter 13 filing, collections agencies are not allowed to continue their collections efforts 
  • Debtors only have to make one payment every month 


The Cons of Chapter 13 Bankruptcy 

As can be guessed, Chapter 13 bankruptcy also has its disadvantages. These are:

  • A Chapter 13 bankruptcy only remains on their credit reports for seven years, but it will stay on the court’s records for as long as the Chapter 7 bankruptcy, 20 years 
  • It requires paying all late fees owed the creditors and paying the trustee’s fee 
  • Even though the debtor pays a large portion of their debts, they still suffer the negative consequences of having filed for bankruptcy 


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