When debt takes everything you've got, sometimes the only option left is bankruptcy. It happens to many different people for many reasons and is a legitimate way to get out of financial trouble if you're doing it for the right reasons.

Bankruptcy is a process that can help people or businesses repay their debts under the protection of bankruptcy court or wipe out their debts completely. As soon as you file either type of bankruptcy, your creditors are no longer allowed to take action to collect debt from you without court approval.

Claiming bankruptcy can lower or remove any debt you owe, but it should always be viewed as a last resort, because although it either partially or completely eliminates debt, it also has consequences.

There are two kinds of bankruptcy to claim: liquidation or reorganization. With liquidation, your assets are sold off to pay your creditors. After this sale and repayment your creditors are no longer allowed to request repayment from you, but the bankruptcy will stay on your credit history for 10 years, preventing other creditors from lending you money.

With reorganization, you file a repayment proposal with the courts, which results in you repaying some debts in full, repaying others partially and repaying some not at all. These payments plans usually run from three to five years.

It is important to realize that some debts cannot be forgiven through bankruptcy. Check out the following list:

- Debts you forget to put on your bankruptcy papers
- Alimony or child support
- Debts incurred through injury or death resulting from drunk driving
- Most types of student loans
- Any fines imposed for breaking the law
- Any tax debts incurred

Usually once you have claimed bankruptcy, your wages are garnished and the courts will make payments to your creditors. If you stick with the repayment plan, those creditors may issue you credit in the future. However, you are unlikely to obtain credit from other creditors as the bankruptcy will stay on your credit history for seven years.

Even though bankruptcy can ease the financial burden, it is not for everyone. It will not fix bad spending habits or poor financial planning. And, it will make things considerably more difficult for you financially in the next 7 to 10 years. So, if you can prevent bankruptcy, you will be much better off.

Bankruptcy can be prevented through good financial planning. This means avoiding impulse spending, charging items to credit cards, buying more house than you can afford, making high-risk investments, or getting financially involved with others who have bad finances. Some good things that can improve your finances include creating and maintaining a realistic budget, making responsible purchases and tearing up any unwanted or high-interest credit cards.

If you think your debt is beginning to get out of control, consider consulting a financial expert or a credit counselor. They can help you turns things around.

Chapter 13 bankruptcy is provided for the wage earner who can use his income to pay his creditors over a specified time period. Chapter 13 is a reorganization of the debt owed to creditors with a payment schedule set up whereby the wage earner makes timely payments to the creditors over a three to five year payment period.

The court may not allow a filing of chapter 13, depending on whether or not a person's income is sufficient to repay some or all the debt. It has to be established with the court that the income is steady income and is not too low. Thus, chapter 13 is not suited for everyone.

Also, there is a limit to the amount of debt a person is carrying to qualify for filing a chapter 13. Total secured debt must not exceed $922,975 and total unsecured debt must not be more than $307,675. Secured debt is backed up with collateral such as a home or a car; while unsecured debt is balances on credit cards, signature loans, medical bills, etc.

Before you can proceed with filing a chapter 13, you are required to complete a course in personal financial management. This credit counseling course has to be approved by the court trustee. There is a fee for this course, but if you are unable to pay, you will receive the counseling free of charge.

The court will determine how much of your debt you will repay and you must begin those payments within thirty days after filing. These payments are usually made to the bankruptcy trustee to be forwarded on your creditors. The court may require these monthly payments be automatically deducted from your wages and sent to the trustee. Three percent to ten percent of each monthly payment is collected by the trustee as their commission. It is absolutely imperative that these monthly payments be paid and be paid on time.

Under chapter 13, there are certain debts that must be paid in full. These include child support, alimony and some tax obligations. These debts are non-dischargeable and must be paid one-hundred percent.

Bankruptcy law is a federal law; however, there are state laws pertaining to bankruptcy, so specific rules governing bankruptcy depends on the state of residence and filing.

The purpose of chapter 13 is to give a person a chance for a fresh start financially. It gives them protection from creditors by placing a hold on all asset and debt collections and provides the court time to work out a legal judgment that is accepted by all parties. However, there are consequences of bankruptcy in the form of poor credit and having to pay higher interest rates because of the bankruptcy on the credit report. Thus, bankruptcy filing should be thought through seriously and advice should be sought through an attorney.

There are alternatives to bankruptcy such as debt consolidation, out of court settlements or to just simply do nothing. If you have little income and property, then you are 'sue-proof', which means if anyone were to sue you, they wouldn't be able to collect anything anyway because you have nothing they can take. The law provides they cannot take your basic necessities such as clothing, food, household furnishings, etc. Most creditors will not bother suing someone knowing there is nothing for them to get. Instead, they will write off the debt, which does go on your credit report, but will be removed after seven years.

Certainly this article is about bankruptcy but I want to tell you up front that you may come across the word 'budgie'. Don't worry, the article is not about birds; I do like budgies though. I use the word 'budgie' or 'budgies' sometimes in place of budgets because a budget is known to get budged and also as it makes me laugh!

Okay, so bankruptcy is a procedure which allows a debtor (someone that owes money to someone else) to get a court ordered exemption from his debts. In some cases bankruptcy can act as a valuable method to get rid of debts. But everybody who faces any financial difficulty should not file for bankruptcy.

Is bankruptcy an option in my case?

Tough question really. You'll need to discuss this one with a bankruptcy attorney or a credit counselor as they can determine the benefits and costs for your situation. The kind and amount of debt you have can make a big difference and really you make the final decision in the matter anyway. Know the consequences fully before you make your final decision. Many bankruptcy filings could have been prevented with a strict budgie.

What are the substitutes to bankruptcy?

There are numerous choices available rather than filing bankruptcy. What is suitable to you depends largely upon your financial situation. Again, go for financial counseling prior to filing a bankruptcy case to make sure you know the full ramification of what your about to do.

Here are some possible alternatives to bankruptcy:

Financial Management

It means allotting a nice deal of control, you can employ a financial manager for paying your bills, and to place you under an "allowance" until your financial conditions are back in proper order. This can be especially helpful if your financial problems are a result of bad spending habits. In North America we are told we can have anything we want without paying for it (credit) and that if it's bright and shiny, you probly deserve it so don't restrain, go ahead and rack up that credit card. Ooopsss..... bit of a rant there but I think you get the idea. For a less encroaching form of management by simply having a financial counselor help you create a budget. Just remember that budgets only work if your super disciplined and don't have problems with buying bright shiny objects (:--).

Give Your Debts A Workout

Financial counselors can be really expensive so choose one wisely if youre going this route. Look for a non-profit counselor in your area. Creditors know it can be hard to collect money whether you declare bankruptcy or not. Know that collection agencies take large commissions for collecting and litigation can also be expensive, time consuming and forcing debtors to file for the big 'B' doesn't guarantee recovery of debt anyway.

Refinancing

If you have a home, try to refinance your home to pay debts. By refinancing you can get long term financing at a very low interest rate, which allows you to pay your debts faster. Avoid dealing with companies that are offering you to combine all debts into single low payment loan, usually they have high interest rates and only want you to pay the interest and not the principle. Consider obtaining a loan package only through a known bank or credit unions.

Credit Repair Offers Are Often Scams

Before or after bankruptcy, some companies attract debtors and offer them packages such as repair bad credit or even promise them to remove a bankruptcy from your credit history. Allot of these offers are fraudulent. There are way's to boost your credit rating but I'll save that for another article.

So to conclude: don't tempt yourself with bright shiny objects and do whatever you have to so you don't spend more each month than what you earn. A well cared for budgie will go along way. I trust this to be of some assistance or at least gave you a laugh anyway. Anyhow, don't sweat it; there are more important things in life than money or the lack of it. Have a great day!

Declaring bankruptcy may seem like a financial disaster, but it is possible to bounce back in a short amount of time. In most cases, you have to give up your credit cards when you declare bankruptcy. But it's almost impossible to do certain things--like rent a car or reserve a hotel room--without a credit card. Fortunately, there are some ways you can get credit after bankruptcy.

Get a secured credit card.

Secured credit cards are available to almost everyone, even those who have recently declared bankruptcy. You make a cash deposit of a certain amount--say, $250--and you're given a credit card with a $250 limit. Your deposit "secures" your card so that, if in the future you can't make payments on it, the bank will have your deposit as payment. In many cases, if you use the credit card wisely and always make on-time payments, the bank will eventually expand your credit limit past the amount of your deposit.

Accept a higher rate.

Since bankruptcy makes you a higher risk customer, some banks or lending companies may offer you credit--but at an increased rate. Whether it's a loan or a credit card, you may pay a higher interest rate, higher fees or higher charges. And chances are the amount you'll qualify for is lower than it would have been if you had never declared bankruptcy. Still, it is possible to get a loan or credit card after bankruptcy if you’re willing to accept these increased costs.

Use a little collateral.

If you own your own home or car, you can use it as collateral on a loan. In many cases, even after bankruptcy, this will get you a reasonable interest rate and reasonable fees. For example, if you have equity in your home, you can get a Home Equity Line Of Credit (HELOC) which draws on your home's equity as the collateral for your credit.

If you recently declared bankruptcy, there are some options available for you to obtain credit. And it's a good idea to get at least one credit card or small loan--and make regular, timely payments on it--so you can rebuild your credit history.

Finding a mortgage after bankruptcy is much easier today than it used to be. After you have declared bankruptcy and cleaned up your credit, you can easily qualify for a mortgage with a reasonable rate. To get the best rate possible you will want to have your finances in order and be able to pay a large down payment.

Step One: Give Yourself Enough Time

Most lenders prefer that it has been at least two years since bankruptcy has been filed. If you have paid all your payments on time since filing bankruptcy and have waited the two years, you will most likely be able to get complete financing for your home. If you want to get a mortgage before the end of the two years it is a little harder, but can be done. You will need to have a great payment history since filing for bankruptcy, and will need to have a down payment that is between three and five percent of the loan for approval. You may also have to deal with less than desirable interest rates.

Step Two: Clean Up Your Credit

To reduce your rates as much as possible it may be a good idea to get one credit card and use it for an amount that you can regularly pay off each month. This will show lenders that you are now able to keep up with making payments. This will also help improve your credit score. You may also want to consider setting up an appointment with a credit counselor and making it a point of telling your lender that you have taken the steps necessary to help you get out of your debt problem. Credit counseling agencies that are affiliated with the National Foundation for Credit Counseling are highly respected. You need to fix the main source of your money problems; lenders will not help you get a mortgage if this is not done. Pay rent on time, and if needed get a dated receipt for every payment. If you do this for two years it is strong evidence to lenders that you will pay your mortgage payment

Step Three: Save Up for a Down Payment

After taking care of your bankruptcy payments, saving up for a down payment should be your next priority. If you are not able to qualify for a mortgage loan because you have no money for the down payment another option is to find a down payment assistance program. There are numerous down payment assistance programs, but the two largest are Neighborhood Gold and the Nehemiah programs. Many people consider borrowing money from relatives to make the down payment, but you will want to talk to the lender before doing this because some are strict about where the down payment money comes from.

If you follow these three steps you will find yourself in a very good situation for a mortgage; perhaps even better than some people who have never filed for bankruptcy. Just remember, that sometimes bankruptcy is necessary and many lenders are willing to help people out who show that they have their finances under control.

When many people think about surviving bankruptcy, they are usually worried about whether or not they will be able to qualify for credit and loans in the future.

So how does one go about surviving bankruptcy? First, you need to put together a game plan - then focus on working that plan.

For example, let's say that qualifying for credit and loans is one of your concerns when it comes to surviving bankruptcy - and by the way, it's a valid concern.

So what would your "surviving bankruptcy" game plan look like when it comes to qualifying for credit and loans? Here are three steps you could follow:

Surviving Bankruptcy Step #1: Rebuild your credit

Rebuilding your credit as soon as possible is critical when it comes to surviving bankruptcy. Why? Because rebuilding your credit history can increase your credit score. This in turn can mean the difference between qualifying or being declined for a loan. Second, if you increase your credit score enough it could help you get a lower interest rate - as a result, you could end up saving $100s or even $1,000s in extra interest.

Surviving Bankruptcy Step #2: Know how the credit approval process works

This is another key part of your surviving bankruptcy game plan. You need to know what lenders look for when evaluating a credit application, and how to use that information to your advantage. I cover this in detail in After Bankruptcy Credit Solutions. Timing is also critical - a lot of people who have had a bankruptcy get this wrong when applying for a loan.

Surviving Bankruptcy Step #3: Know how to apply for credit

If you've followed steps 1 and 2, then you're ready for step three. One key part in step 3 is knowing which lenders to apply with. If you don't, you could end up being in for disappointing results - which can make surviving bankruptcy unnecessarily difficult. Also, once you do find the right lender you want to reduce your interest expenses - there are specific steps you can take that can save you up to $100s or even $1,000s of dollars. There is not enough room to cover them here, but I do go through them in After Bankruptcy Credit Solutions.

So now you know some steps you can take when it comes to surviving bankruptcy as far as credit and loans are concerned. Of course, much will depend on your personal financial situation, age of your bankruptcy, credit score, etc. But hopefully, you can use them as a starting point when it comes to credit and loans after bankruptcy.

There was a time when bankruptcy was probably the biggest stigma that could be attached to anyone in business. Thankfully those days are long gone. Today, bankruptcies are fast, efficient and frequent court procedures designed not as a punishment for the creditor, but as a means of drawing a line under un-payable debts and allowing everyone to move on. While most people would not exactly like to be made bankrupt, in most cases where it becomes necessary, it is seen as a welcome release rather than a humiliating penalty.

When You Become Bankrupt

Bankruptcy is what happens when you simply cannot repay your debts. How it comes about is one of your debtors, someone who you owe more than £1,500 to, will ask the court to make you bankrupt. A trustee will be appointed to carry out the task and then all your creditors will inform him of how much you owe them. He will gather up all of your assets, and use them to pay off the debts. Creditors will be paid proportionately, which means that if your assets are not enough to pay off the debts in full, they will each get the same proportion of their debt repaid.

What Are Bankruptcy’s Disadvantages?

The disadvantages of this are obvious. By gathering up all your assets, the trustee will essentially leave you with nothing. Your home, your car, your savings, everything that he considers a worthwhile asset will be gathered up and sold. If you have a family, it can be quite traumatic, as they have to leave their home. If you rent your home then this will not affect you, as there is nothing there for the trustee to take. Your personal effects such as clothes and most furniture, will not be taken by the trustee, as they are considered too personal and insignificant to take.

And The Advantages?

The advantage of going bankrupt however is that it gives you a clean slate. Regardless of how much you owe, and how much you can afford to pay back, at the end of the process, you will emerge with a completely clean slate and will not owe anybody anything. Even if someone forgot to make a claim to the trustee, you will no longer owe them anything.

The Future After Bankruptcy

After your bankruptcy has been finalised and you have moved on you will be able to start rebuilding your financial, and probably personal, life again. Bad credit ratings will ensue, but rebuilding your credit is possible. Just like a child, baby steps are all that is required. Step by step, more credit options will become available and after several years your credit rating will become ‘average’ if you keep focused and don’t fall into any quick fix traps.

While the process of bankruptcy may take a while, during which you will not be able to control your finances and may have to give part of your income to the trustee, it is generally seen as worth it, and you will emerge ready to make a new start.

In the course of managing a bankruptcy-centered law practice, one notices that certain themes tend to recur. One of the things that seems, repeatedly and quite understandably, to make the blood of credit managers in bankruptcy cases boil, is the prospect of being sued for a 'preference' while they are already stuck with a bad account receivable. This seems to many vendors to be the ultimate outrage. Having shipped goods, or rendered services on credit, in good faith, and in the expectation of being paid, and then, having already been burned (often for substantial sums) by the bankruptcy filing itself, they may find themselves pursued by a trustee or other estate representative, to give back the smaller amount they received on account of their claim within the 90-day period preceding the bankruptcy filing.

After 25-odd years of minor tinkering with the preference laws as drafted in the Bankruptcy Code, which came into effect in 1979, Congress has, for the first time, and in response to intense lobbying by creditor-based interest groups, made significant, and wide-ranging changes which will, in the view of this author, work a sea change in this area.

First of all, we need to understand what a preferential payment is, and why the bankruptcy laws allow for their recovery, before exploring, in very broad strokes, for purposes of this article, how and why the recent amendments to the Bankruptcy Code have helped 'level the playing field.'

The purpose of making preferential payments recoverable is to promote equality (or, more accurately, "equitable-ness") of distribution among creditors. In other words, the pain should be shared on a reasonably equitable basis by those who are on the receiving end of bad receivables. To that end, certain payments made by troubled debtors, during the 90-day window preceding the bankruptcy filing are subject to being brought back into the estate for redistribution, on an equitable basis, to the creditor body at large. There are a number of other technical requirements for a payment to be preferential, but these are beyond the scope of this article, and creditors are encouraged to seek appropriate legal counsel as needed.

On the surface, this seems reasonably fair. After all, why should creditors who have a closer relationship with the bankrupt company, or who just scream louder, be paid while the other guy gets left holding the bag. But, alas, here's the dirty little secret of preference claims. For the most part, though not exclusively, they are pursued, by trustees in liquidation cases, in which there will ultimately be little or no recovery for unsecured creditors. So who gets the money recovered in these preference litigations? Why, the trustees, their lawyers and accountants, of course, whose rights to payment come before everyone else. So rather than being a vehicle for equitable redistribution of limited funds of an insolvent debtor, the preference statute has been used as a tool for trustees and their professionals to build an estate as a source of trustee fees, and legal and accounting fees. In most such cases, the creditors end up with nothing at all, except the privilege of paying twice.

On the other hand, the drafters of prior legislation wanted to encourage vendors to continue selling goods to troubled companies so as not to exacerbate an already difficult situation and bring on unnecessary or premature bankruptcies. So various defenses to preference claims were introduced, to exempt certain payments made contemporaneously, or in the ordinary course of business and within invoice terms, from preference attack. These concepts, however, still left the burden on the creditor/defendant to prove these defenses, and they often found that it was easier and cheaper just to 'pay up' or settle the claims, however distasteful it seemed to them

So what has the new bankruptcy law done for these creditors? Well, it has, among other significant changes, substantially tightened up the 'ordinary course' defense, making it substantially easier for creditors to establish them, by creating both a 'subjective' and an 'objective test' (again, the details of this are too technical for the scope of this article). Perhaps even more importantly, Congress has now exempted smaller payments from the reach of preference attack and changed venue provisions for others, thus requiring trustees or other estate representatives to sue where the preference recipient is located, rather than in the 'home' bankruptcy court. Previously, the daunting prospect of defending on the other side of the country might well induce a creditor to settle a case even of dubious merit because of the expense involved of travel and the hiring of local counsel in a far-off district. Now, in many cases, the economics of this situation have been turned on their heads, and it might well be the trustee who will have to think twice, or three times, about bringing 'nuisance' preference cases when they have to be prosecuted in foreign jurisdictions.

Thus, although this legislation is very new, and largely untested, it seems that creditors in bankruptcy cases will, at least from their viewpoint, be getting a fairer shake, and will less often be having insult added to injury by having to enlarge the size of their already uncollectible receivables.

Although it may seem like an easy solution to major financial difficulties, it is best to avoid bankruptcy at all cost. There are many reasons for avoiding bankruptcy and many tips for helping those in financial difficulty avoid resorting to bankruptcy. Before beginning to consider bankruptcy, it is best to weigh the negative consequences.

Reasons for avoiding bankruptcy include:

Credit Record - Once a party has filed for bankruptcy, this will stay on their record for ten years. With the easy access to credit checks, having bankruptcy on a credit report will undoubtedly make it difficult for parties to receive loans and credit. Even if creditors will allow for limited credit with bankruptcy on the record, extensive explanations are required and, without a doubt, the debtor will be looking at high interest rates and credit fees.

Loss of property - Although not all types of bankruptcy call for liquidation of property, many of the eight types of bankruptcy in the United States will call for some type of repossession of assets. If the banks find that there is anything unnecessary for living, these items will most likely be seized in order to pay for debts and bankruptcy expenses. Chapter 7, or complete bankruptcy, will even require that major purchases, such as a home or excess cars be repossessed.

Continued financial difficulty - Despite societal beliefs that bankruptcy will get you on the right track, bankruptcy can actually add to financial difficulty for years to come. This may include closure of bank and credit accounts, loss of a job or closing of a business, and inability to continue acquiring credit. Keep in mind while bankruptcy may seem to suggest a "clean slate", there are often debts that will still have to be paid, such as alimony, child support or court judgment costs.

With these negative consequences in mind, it is then necessary to consider possible ways that an individual or business can avoid bankruptcy in the near future:

Debt Consolidation - With rising bankruptcy proceedings in the United States, more debt consolidation companies have come to light. These companies can help debtors to examine current loans and credit debt against available income and will come up with a reasonable monthly payment that incorporates all of these debts. This helps the debtor, who usually feels overwhelmed having to make choices about which debt to pay each month. The debt consolidation company will also help the debtor set up a reasonable time frame to pay off these debts, giving the debtor something to look forward to in the long run.

Get rid of potential debt problems-With the easy access to credit cards and credit accounts at department stores, it is easy to become swallowed up by overwhelming credit. Especially when money runs low, it is easy to pay cash for the bills due now and then continue racking up the credit card bills for later. One of the first steps in avoiding bankruptcy is to get rid of that credit yourself. Cut up the credit card and call the credit card company to cancel that account. If you can’t afford it out of the bank account, then you can’t have it to spend! This is better than having nothing at all by having things repossessed through bankruptcy.

Speak with debt companies - The first instinct when unable to pay bills on time is to simply hide from the debt companies who continue to call or send bills. Unfortunately, many in debt do not recognize that these companies can actually help with different payment plans! As well, many student loan corporations, mortgage companies and credit card companies will allow for forbearances of loans. Forbearances are a deferment or reduction of the loan because of financial hardship and allows for an individual to get back on their feet.

Plan a budget - A simple step that many debtors forget to try is a weekly or monthly budget that calculates debt ratio to income. This is one of the steps that many debt consolidation companies will do for you, but it can easily be done by yourself with pen and paper or with a Microsoft Excel spreadsheet. Take time to sit down, write out all of the bills that come in each month and remember to include all expenditures such as gas and groceries. From here you can determine how much money you have that needs to go to bill companies and how much is left for other spending.

So you've finally been discharged from your bankruptcy, and now you are free to do whatever you want again. The world is your oyster!

But before you grab a bucket and head for the beach, there are a few things you need to know. First of all, a bankruptcy discharge is not a license to shop. That itch to celebrate your newfound freedom might almost impossible to ignore, but if you want to stay debt-free, you are going to have to lay low for awhile, especially in the three months after your discharge.

Here's why: you probably feel like you've been in debt forever, but you're not the only one who knows it. Credit card companies have caught the scent too, and chances are you're getting applications left, right and center these days. Talk about tempting! The best thing you can do is to throw those applications right into the recycle bin, regardless of how much this or that company says they want to help you rebuild your credit. The truth is they don't want to help you rebuild; they want to help you get back in the position that caused you to go bankrupt in the first place.

Those 'high-risk' cards come with a lot of caveats - the fee you pay to get the card, for instance. Some cards will actually charge you for the card by placing it on your card. So if your card has a $100 limit and it cost you $75 to get, guess what? You only have $75 in credit. Go over that, and get ready for some nasty fees.

So how can you get your life back to normal? Before you do anything else, you have to change your spending habits. Really think about the cost and quality of things and put yourself in control. For example, is it really worth it to buy that brand-name bread when the store brand is just as good and costs a dollar less? It's a small-scale example, but if you can apply that kind of thinking in baby steps, pretty soon you'll be able to apply it to everything you buy, no matter how large. So clip coupons, try to buy when things are on sale, and don't go hog wild when you do buy.

Second, prioritize your bills. Your most important, must-pay-on-time bill every month should be your rent or mortgage. It's your shelter, and without it, handling anything else that comes your way becomes a lot more difficult. Your utilities are next, because you have to be able to cook and store your food. Your third most important bill might be the telephone, the fourth your cable TV or satellite, and so on. Take an average of how much of your pay check goes for rent/mortgage and bills. Then, set aside a little bit of each check to put toward each bill. It might be tedious, but trust me; it will be worth it once you get into the flow.

The second thing you have to do is save up $500, doing the same as you've done for your bills - take a bit out of each pay check. Only this time, open a new account. Once you've saved $500, run to your nearest bank and request a secured bank loan for that amount. The bank should have no problem granting your request, as the money's already there. For the next 90 days, make your payments on time, every time. You will be amazed at how much faster this will build your credit than those high-risk cards!

If you have to use credit, why not do so to your advantage? Here's how: purchase an item that's on sale with your credit card. Then, when your credit card bill arrives, pay the item off in full. That's it! You get to enjoy your new item for a month before you have to pay for it. If you can stick to this, your credit will have nowhere to go but up.

By applying the above tips, your credit will be given a boost at a time when you need it the most - in the first 3 or 4 months after a bankruptcy discharge. You've been given a second chance. Don't give up - you can do it!

What you are about to read may stop you making the biggest mistake of your financial life.

In today's debt ridden society many people are in severe financial difficulties, often for reasons outside their control. Bankruptcy for many, is the last step in a long road of financial pressures but many opt for this solution too early and without considering suitable bankruptcy alternatives. Whilst bankruptcy may get rid of the immediate pressures it isn't necessarily the end of the problems.

When you file for bankruptcy your life becomes an open book for the court appointed bankruptcy officials. They will pry into all aspects of your life and you will be required to provide all your financial information, including bank accounts, savings, investments and assets. Anything that can be sold or converted to cash, including your family home and any valuable contents, will be disposed of and you may still have part of your income deducted from your salary to pay some of your debts.

But there are bankruptcy alternatives that may be less painful for many. Here I've listed 5 bankruptcy alternatives

1. Negotiate with your creditors.

When you get into difficulties you should contact your creditors as soon as possible. Contacting them sends a signal that you want to repay them.

Lenders are anxious to get their money back and sometimes they will go to great lengths to help you. They may be prepared to re-finance your debt to have it paid over a longer period with lower installments.

They will often be prepared to reduce or freeze the interest rate and will even cut the balance owing up to 75%.

2. Refinance your mortgage.

If you have a property, which you own outright or on a mortgage, there is the real possibility of you being able to refinancing your debts using a secured mortgage or re mortgage.

Refinancing your debts involves taking out a new mortgage, or an additional mortgage. Some lenders will lend up to 125% of the property value allowing you to pay all your outstanding debt and may even have some spare cash to treat yourself.

As the new loan is repayable over a long period of time (often 25 - 35 years) the monthly repayments are significantly lower than with short term debt and should be far more manageable

3. Refinance your debts using a debt consolidation loan.

Debt consolidation is where you take a new unsecured loan and use the funds to pay off your outstanding debts. Debt consolidation loans are repayable over a longer term at a relatively low interest rate and as a result the monthly repayments are lower. If the loan is secured on your property then the interest rate and payments may be even lower.

4. Sell your home and downsize.

One of the easiest ways to get out of debt is to sell your house or apartment and downsize or move into rented accommodation. The surplus cash can then be used to pay your debts and you can continue with your life without the pressure.

Selling up and moving home is, however, a difficult and often painful option. If you do sell however. you can determine the price and remain in control. If the house falls into bankruptcy, you lose control and the house may be sold by your mortgagor at auction for a price often considerably less than the price you can obtain in a normal sale.

5. A formal arrangement with your creditors.

A formal arrangement with your creditors can often be negotiated by specialist debt management companies and is filed with the courts. These arrangements are for 5 years. You pay an agreed amount each week or month to the debt management company and it is then divided between your creditors. While you continue to pay they are prevented from approaching you.

After the 5 year period is over any balance still owing is wiped out and you are free to live your life free of debt. If however you break the arrangement the normal result is bankruptcy.

As you can see, there are several sound bankruptcy alternatives for you to choose from. Everybody is under financial pressure from time to time, however you should not compound your problems by declaring bankruptcy too soon. Instead, choose the bankruptcy alternative that sounds the best for your particular situation and start working to repair your credit now.

Using a bankruptcy alternative means that in a few years you will have rebuilt your credit and will be back on track, whereas with bankruptcy it could be ten years before you can get back to normal.

IVA- An Alternative to Bankruptcy

For many people the idea of going bankrupt feels them with horror- and it’s not difficult to understand why. Going bankrupt has all sorts of social stigmas associated with it, not to mention a whole host of disadvantages and disqualifications.

No wonder then that the IVA, introduced by the government in 1986, is so attractive since it offers a good and legitimate alternative to bankruptcy.

Why Seek an Alternative to Bankruptcy

Bankruptcy has numerous disadvantages associated with it which means that an alternative should be sought if at all possible.

As well as the social stigma attached to bankruptcy, there are a number of disqualifications attached to it such as:

• People who are declared bankrupt lose their professional and business status

• Bankrupts are not allowed to hold public office

• If you are made bankrupt you have to hand over your valuable assets to the trustee (including your home)

• Future employment prospects are prejudiced by bankruptcy

• Bankrupts cannot form, manage or promote a business without the court’s permission

Why an IVA is a Good Alternative to Bankruptcy

An IVA does not have any of the social stigmas, disqualifications or disadvantages associated with bankruptcy. This makes it a good alternative to bankruptcy.

IVAs were actually introduced initially as an alternative to bankruptcy.

They are popular because they offer a good alternative to bankruptcy for both debtors and creditors.

From a creditor’s point of view, an IVA is a good alternative to bankruptcy because there are no fees or legal proceeding involved with it.Moreover, an IVA offers a greater repayment of the debt than would possible if the debtor was made bankrupt.

From the debtor’s perspective, an IVA is a good alternative to bankruptcy because it lacks stigmas and disqualifications. Plus with an IVA, it is not unusual for up to 80% of a debt to be written off.

Who is an IVA Suitable For

An IVA is a suitable alternative to bankruptcy for people with debts over £15,000, multiple creditors and who can afford to re-pay at least £200 a month.

It seems that some people do not recognize that despite some unpleasant aftereffects, bankruptcy is truly a “fresh start.”

Instead of being satisfied with the benefits they receive some people remain unhappy.

Here is a letter I received:

“Why does it take attorney's six or more weeks to discharge a chapter 13?

Why do apartment leasers hold a bankruptcy against you when I don't see how you could add apartment rent onto your bankruptcy?

If life is so miserable after a bankruptcy, why are lawyers constantly telling people it's okay to file. (They want to get paid.) “

My response:

“Six weeks for a discharge isn't that long and may well be governed by the schedule of the bankruptcy court.

Some landlords may not want to rent to someone with bad credit. They may feel that they will have to chase the renter for their money. Dispossessions are time consuming and expensive.

In many cases the landlord will get possession of his apartment, but may never recover the unpaid rent.

While the court proceedings drag on, the landlord has lost a part of his source of income. So he has a right to be careful.

However life is not that bad after bankruptcy. Debtors used to be sent to jail.

Not too long ago, bankruptcy would mean that the bankrupts would have to carry a stigma for life. Many committed suicide rather than face the disgrace.

Many people who went bankrupt during the Great Depression spent years paying off their discharged debts as a matter of honor.

Now nobody much cares. You will be able to get credit. Your debts have been wiped away. What more can you ask for?

You were the one who ran up the debts, whether through bad luck, bad planning or the simple inability to control your spending.

You did contract to repay the money and you didn't.

For the most part you are now free of the pain and pressure caused by your financial problems. You will face some obstacles over the next few years, but you should have realized that before filing.

You approached a lawyer, not the other way around. I'm sure the lawyer didn't twist your arm to force you to file. If you've gotten your discharge, be happy, restart your life and live with the consequences.

Things could be worse.”

I got a reply:

"I didn't need a scolding. I simply asked a "professional" a few questions.

As a matter of fact the most of the creditors that I paid off in a bankruptcy solicited me, I did not seek them out.

They checked my credit and before I accepted their card or line of credit, I had one credit card and good credit.

When hard times hit, I communicated with them but as creditors do they added interest and late charges. In a Chapter 13 they recovered as much as they would have had I not fallen on hard times.

As for renting an apartment it is not just people that file bankruptcy that skipout without paying rent nor is it people with bad credit.

If everyone counted up the cost before filing bankruptcy, Bankruptcy Attorneys and Trustees would have no jobs. And credit card companies would continue to get rich off peoples misfortune.

How ironic it is that to rebuild your credit you have get more credit cards. Have I learned my lesson? Yes.

Can I guarantee that I will always be employed? Will they continue to check my credit report and target me? Yes.

So don't blame people for getting lost in the game. "

My last words:

"Yes, banks try to get you to sign up for their credit cards and lines of credit.

They are selling a product that they intend to make a profit on.

If you choose to take them up on their offer, that's fine. It's your choice.

But even then you are not forced to use their products.

My website and many others try to steer people away from the overuse of credit for just the reasons you mentioned.

Nobody can guarantee you won't loose your job, get sick and not have enough insurance or run into other problems too numerable to list.

But none of us can put a gun to your head and force you to cut up your credit cards and live within your means.

All of us have to act responsibly. If we don't we have to face the consequences. There is no other way around it. "

In my opinion this person needs an attitude adjustment.