Debt Consolidation Refinance Advice: Chapter 13 Bankruptcy versus Ch. 7 BK
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Finance > Debt Consolidation
Mar 1, 2007
Maria Ny
Debt Consolidation Refinance Advice: Chapter 13 Bankruptcy versus Ch. 7 BK
Under the old bankruptcy laws, most debtors chose between a liquidation proceeding under Chapter 7 of the Bankruptcy Code and a wage-earner repayment plan under Chapter 13. Under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), new bankruptcy law, a two-part means (income) test now determines if your are eligible for Chapter 7 or must file under Chapter 13 for relief. And, because the new law imposes stricter requirements on lawyers, it's harder to find an attorney to represent you in a bankruptcy case.
The new law mandates that all debtors must get credit counseling with an agency approved by the United States Trustee's office before they can file for bankruptcy. Once the bankruptcy case is over, all debtors must attend additional counseling on budgeting and debt management before bankruptcy discharge of debts can occur.
"There are dozens of catches that will make it difficult for people who legitimately need to file for bankruptcy," says Travis Plunkett, legislative director for the Consumer Federation of America. "The strategy of the people who supported this bill appears to be death by a thousand cuts. There are a lot of traps and gotchas designed to snare people and keep them from discharging debt that they really may need to get out from under."
Filing for bankruptcy should always be a last resort, since it damages your credit for many years. Besides, the new bankruptcy law makes it much more expensive and time-consuming to file. Unsecured loans probably won't provide enough money for any debt consolidation loans. So, if you are a homeowner a debt consolidation loan may provide you some relief by saving you money on interest. You may want to consider mortgage refinancing or a home equity loan (second mortgage) to pay your credit card debt and secured loans, especially if the new law for minimum payments has you considering bankruptcy.
Ideally, you should apply for a fixed mortgage rate loan due to increasing interest rates. But, if you need short-term relief and plan to refinance later on when your finances are in order or you plan on moving soon, adjustable rate mortgages may work out well for you due to their initial low interest and lower monthly payments. Maria Ny, a free-lance writer from California, is highly respected for her published articles that covered a broad range of subjects ranging from Home Equity, Debt Consolidation, Bankruptcy Reform, Credit Repair to Real estate Financing. Check out her helpful articles online at Mortgage Refinance & Home Equity Loans Nationwide. You can learn more about debt consolidation and home improvement financing for first time homebuyers & get specific loan program parameters. Get a free loan quote for a Poor Credit Second Mortgage that can help you consolidate some credit card debt. We recommend that you get more details about the guidelines for Bad Credit Mortgage Refinance because it could help lower your monthly payments by refinancing.
The new law mandates that all debtors must get credit counseling with an agency approved by the United States Trustee's office before they can file for bankruptcy. Once the bankruptcy case is over, all debtors must attend additional counseling on budgeting and debt management before bankruptcy discharge of debts can occur.
"There are dozens of catches that will make it difficult for people who legitimately need to file for bankruptcy," says Travis Plunkett, legislative director for the Consumer Federation of America. "The strategy of the people who supported this bill appears to be death by a thousand cuts. There are a lot of traps and gotchas designed to snare people and keep them from discharging debt that they really may need to get out from under."
Filing for bankruptcy should always be a last resort, since it damages your credit for many years. Besides, the new bankruptcy law makes it much more expensive and time-consuming to file. Unsecured loans probably won't provide enough money for any debt consolidation loans. So, if you are a homeowner a debt consolidation loan may provide you some relief by saving you money on interest. You may want to consider mortgage refinancing or a home equity loan (second mortgage) to pay your credit card debt and secured loans, especially if the new law for minimum payments has you considering bankruptcy.
Ideally, you should apply for a fixed mortgage rate loan due to increasing interest rates. But, if you need short-term relief and plan to refinance later on when your finances are in order or you plan on moving soon, adjustable rate mortgages may work out well for you due to their initial low interest and lower monthly payments. Maria Ny, a free-lance writer from California, is highly respected for her published articles that covered a broad range of subjects ranging from Home Equity, Debt Consolidation, Bankruptcy Reform, Credit Repair to Real estate Financing. Check out her helpful articles online at Mortgage Refinance & Home Equity Loans Nationwide. You can learn more about debt consolidation and home improvement financing for first time homebuyers & get specific loan program parameters. Get a free loan quote for a Poor Credit Second Mortgage that can help you consolidate some credit card debt. We recommend that you get more details about the guidelines for Bad Credit Mortgage Refinance because it could help lower your monthly payments by refinancing.
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People usually apply for a second mortgage or home equity loan when they need money for debt consolidation, to pay large expenses or for home remodelg and home improvement. Second mortgages are generally categorized as fixed terest rate home equity
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