Saturday, August 14, 2010

Bankruptcy Is Not The Only Option

By Adriana Noton

Declaring bankruptcy is one of the ways a person can deal with his debt. But it is not the only way. Filing will have many long term consequences as well. The filing will stay on a person's credit report for seven and sometimes up to ten years.

Further, because of recent legal changes to filing requirements, some people will not be approved for insolvency. The filing must be approved by the judge who will have the debtor's financial situation closely examined. If it is decided that the has the financial means to pay back his debts, the request for insolvency will be turned down.

Those who are searching for a fast way to eliminate their debt, could be surprised to find that their filing has been denied. There are some benefits of course for those who are approved. There will be no more debt to deal with. This could mean an end to harassing calls from the creditor.

There are those who believe that a person who has filed for insolvency will not be able to get a credit card or be approved for a loan. But this is not true. It will be difficult to get a loan or credit, but not impossible. And of course the interest rate will be much higher compared to interest rates offered to those with a high credit report. But there will always be those who lend money even to those with a insolvency in their past.

There are other alternatives to declaring insolvency. Most looking for relief, are in debt because of large credit card balances. For these people, they might consider having a credit negotiator work with the creditor on their behalf. If a debtor has more than ten thousand dollars on a credit card, he might be able to come to terms with the creditor on a lower balance and thus a lower monthly payment.

Lenders that cannot get someone to pay back a loan will sell the uncollected balance to a collection agency for as low as ten cents on the dollar. This loss does not look good on the creditor's bottom line. So a negotiator could get the creditor to agree to accept half of the amount owed by the debtor. It is better to accept fifty percent of what is owed rather than ten percent which is what the creditor would receive if is sold the loan to a collection agency.

The negotiator can also explain that the debtor will be close to insolvency. If the filing is approved, the debtor might get nothing. If the creditor agrees to a settlement, the debtor can avoid filing, and the creditor will at least receive half of the money that is owed.

Filings for bankruptcy for example file bankruptcy Toronto or file bankruptcy Durham redion are on the rise because of the bad economy. Many people have lost their job. Many cannot pay back loans or pay the balances on their credit cards. This is why more creditors are willing to negotiate a settlement. The creditors will rather take a percentage of what they are owed rather than get nothing at all.

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