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Ads Promising Debt Relief May Be Offering Bankruptcy
Produced in cooperation with the American Financial Services
Association
Washington, D.C. -- Debt got you down? You're
not alone. Consumer debt is at an all-time high. What's more,
record numbers of consumers-nearly 1.5 million in 2001-are filing
for bankruptcy. Whether your debt dilemma is the result of an
illness, unemployment, or simply overspending, it can seem overwhelming.
In your effort to get solvent, be on the alert for advertisements
that offer seemingly quick fixes. While the ads pitch the promise
of debt relief, they rarely say relief may be spelled b-a-n-k-r-u-p-t-c-y.
And although bankruptcy is one option to deal with financial problems,
it's generally considered the option of last resort. The reason:
its long-term negative impact on your creditworthiness. A bankruptcy
stays on your credit report for 10 years, and can hinder your
ability to get credit, a job, insurance, or even a place to live.
The Federal Trade Commission (FTC) cautions consumers
to read between the lines when faced with ads in newspapers, magazines
or even telephone directories that say:
"Consolidate your bills into one monthly
payment without borrowing."
"STOP credit harassment, foreclosures, repossessions, tax
levies and garnishments,"
"Keep Your Property."
"Wipe out your debts! Consolidate your bills! How? By using
the protection and assistance provided by federal law. For once,
let the law work for you!"
You'll find out later that such phrases often
involve bankruptcy proceedings, which can hurt your credit and
cost you attorneys' fees.
If you're having trouble paying your bills, consider
these possibilities before considering filing for bankruptcy:
Talk with your creditors. They may be
willing to work out a modified payment plan.
Contact a credit counseling service. These organizations
work with you and your creditors to develop debt repayment plans.
Such plans require you to deposit money each month with the counseling
service. The service then pays your creditors. Some nonprofit
organizations charge little or nothing for their services.
Carefully consider a second mortgage or home equity line
of credit. While these loans may allow you to consolidate your
debt, they also require your home as collateral.
If none of these options is possible, bankruptcy
may be the likely alternative. There are two primary types of
personal bankruptcy: Chapter 13 and Chapter 7. Each must be filed
in federal bankruptcy court. The current filing fees are $185
for Chapter 13 and $200 for Chapter 7. Attorney fees are additional
and can vary widely. The consequences of bankruptcy are significant
and require careful consideration.
Chapter 13 allows you, if you have a regular
income and limited debt, to keep property, such as a mortgaged
house or car, that you otherwise might lose. In Chapter 13, the
court approves a repayment plan that allows you to pay off a default
during a period of three to five years, rather than surrender
any property.
Chapter 7, known as straight bankruptcy, involves
liquidating all assets that are not exempt. Exempt property may
include cars, work-related tools and basic household furnishings.
Some property may be sold by a court-appointed official-a trustee-or
turned over to creditors. You can receive a discharge of your
debts under Chapter 7 only once every six years.
Both types of bankruptcy may get rid of unsecured
debts and stop foreclosures, repossessions, garnishments, utility
shut-offs, and debt collection activities. Both also provide exemptions
that allow you to keep certain assets, although exemption amounts
vary. Personal bankruptcy usually does not erase child support,
alimony, fines, taxes, and some student loan obligations. Also,
unless you have an acceptable plan to catch up on your debt under
Chapter 13, bankruptcy usually does not allow you to keep property
when your creditor has an unpaid mortgage or lien on it.
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