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Credit card deals and how bankruptcy effects them
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Credit card deals and how bankruptcy effects them
For some, the only way to get credit card deals is to file bankruptcy and start over. About 1.4 million people claim bankruptcy each year. For many, bankruptcy has become a part of life. Many of those that claim bankruptcy aren't from poor families either. Many are educated, middle-class people that have obtained simply too much credit card debt. No matter what class you are in, you can actually file bankruptcy and get the benefits that come from it.
Credit Card Deals With Bankruptcy
Securing credit card deals means facing your poor credit or even bad credit. Bankruptcy is a legal process that allows individuals or businesses to discharge or reorganize some, or all, of their debts. Discharging means that you no longer owe your creditors anything. When you can't pay your credit card company or other debts back, bankruptcy allows for you to prove this and then to divide any assets that you have with your creditors. Bankruptcy is for anyone who cannot pay back all his or her debts.
What You Need To Know About Bankruptcy To Get Credit Card Deals
There are two choices in bankruptcy: chapter 7 and chapter 13. Both will create a bad credit history for you and will not give you low interest rate credit cards for some time after your case is discharged.
In Chapter 7 is a liquidation form which means that a petition will be drawn up listing all of the assets and debts that a person has. Then, this will be submitted to the US district court. All of your debts are forgiven in this case.
Most or all of your assets are then sold to pay off the debts that you have. Some things can be kept by you such as a home or car, depending on where you live. This includes things like household goods and appliances.
You will not lose all of your debts. Unlike credit cards company debt, it does not affect alimony, child support, certain taxes, fines, certain debts arising from educational loans, or debts that you fail to properly disclose to the bankruptcy court. Debts from fraud, embezzlement, driving while intoxicated, larceny, or certain other willful or malicious acts may also not be discharged.
To file bankruptcy you'll need to fill out a number of forms listing your income, the amounts and kinds of your debts, and what assets you have and all of your debts. If you forget a debt, or leave one out, it may not be discharged in the process of bankruptcy. If you fail to list all of your assets you could later be liable for fraud.
When you file a petition for bankruptcy, this automatically stays or stops your creditors from garnishing your wages, removing funds from your accounts, pursuing you, or attempting to sue you for nonpayment. A credit card company that comes after you here will be in legal trouble if they have been informed of your bankruptcy. You should also not apply for credit cards online or otherwise as accepting new debt can be a violation of these laws. The two types of debts are dischargeable and non-dischargeable. This is determined by the courts.
After the bankruptcy proceeding, you don't have to pay your dischargeable debt. The most common kinds of dischargeable debt include back rent you owe a landlord; outstanding utility bills, including gas, electricity, and phone; some court judgments against you, credit card company debt, charge credit card, department store card, and gasoline credit card bills. In addition any loans that are documented from your friends or family, legal or medical bills and most unsecured loans including unsecured credit cards.
You do have to pay for non-dischargeable debt, including any loan that was issued, funded, guaranteed, or insured by a government entity or a nonprofit corporation.
Understanding Chapter 13 Bankruptcy And Credit Card Deals
In a Chapter 13 bankruptcy, a debtor with a regular income doesn't discharge his or her debt, but instead shows that they can pay off the debt through a repayment plan. In this case, the debtor normally keeps all or most of the property. While this is in effect, which can be as long as five years, the debtor makes regular payments to a Chapter 13 trustee.
The trustee then sends the money to the creditors. Sometimes the court may allow you to keep all of you assets even if less than what you owe is paid back. Certain debts are not dischargeable under Chapter 13. This type of situation allows for a credit card company to get some or most of what you owe to them, but helps to reestablish a payment plan that's better for you.
Credit card deals can be then worked out for individuals. You will have to submit to the court a plan for the repayment of your unsecured debts, including credit card company debt. The court will accept or reject this plan. When you have secured debts, you agree to pay back, at least the amount of the claim that the creditor is willing to accept, or else you agree to surrender the asset to them.
Which Is The Right Choice For Credit Card Deals
While both chapter 7 and chapter 13 are going to take good credit and make it into poor credit or bad credit, it's a better option for your future sometimes. You can often obtain credit card deals after you have built your credit back up from this.
There are several benefits to each. Chapter 7 is faster to complete than Chapter 13. This also helps you to qualify for credit card deals later by giving you a fresh start. In a Chapter 7 bankruptcy, the amount of dischargeable, unsecured credit card debt, such as credit card company debt, you can erase from your life is unlimited, as long as assets and debts were declared.
There are disadvantages though. You must give up your nonexempt property - a second home, or second car - hand it over to the court, and allow it to be sold to pay off your debt. Some of your debts may survive including secured credit card, car loans and other non dischargeable loans. It is also very difficult to reverse the process.
As for Chapter 13, you get to keep all your property. Your creditors can't garnish your wages and collectors can't come after you, and you are protected against foreclosure. You are also allowed to separate your debts by class. Different classes of creditors are due different percentages of payment. You also have a lot longer to pay back your credit card company debts than you do under Chapter 7.
There are some disadvantages, though. Your total debt has to be under $1,077,000 (less than $807,750 of secured debt like secured credit cards and loans and $269,250 of unsecured credit card debt). You pay back your debts out of your own income. If debts survive after your bankruptcy is closed, you have to keep on paying back on those debts.
Which type is the right choice then? The answer to this depends on your financial situation. Each form of Bankruptcy has its pros and cons. If you have really serious financial problems, no doubt you will prefer a straight Chapter 7 proceeding, if you're able to obtain one. You should consider how this will effect your future finances too including what will happen when you apply online for a credit card or wish to secure a low interest rate credit card.
Facts You Should Know To Get Credit Card Deals
You don't have to hire a professional attorney to help you with your case, but you should consider it. It will make it easier and will help to make sure that the credit card company debts that you have are fully discharged.
Understanding the cost of filing bankruptcy is important. There are many fees that need to be paid. Court costs are one option which is a filing fee that needs to be paid, but can be paid in installments. Attorney fees need to be paid by you too. These will need to be paid in advance of filing. In addition, there are trustee fees and costs that must be considered for Chapter 13 cases. These fees range from $185 on up to several hundred dollars for couples that are filing.
There are also intangible costs to bankruptcy. Obtaining credit in the future may be difficult, since bankruptcy reports are retained in credit bureaus for 10 years. Getting a low interest rate credit card will be difficult for several years. And, getting other unsecured credit card and loans will be difficult to obtain. You will have poor credit for many years to come.
You can file for Chapter 7 bankruptcy once every six years. Most Chapter 13 plans have three to five-year payouts. Instead, consider making changes in the way that you use credit card company debts. Try this by increasing your savings, reducing spending, increasing the value of investments and other possessions, and reducing the amounts you owe. Always compare credit cards to get the best one for your needs and don't spend more than you can afford to pay off. Doing this things will help you to build a good credit history and then help you to secure credit card deals.
For some, getting credit card deals after bankruptcy is easier. That's because they have less debt and they may be working on improving their credit score. In order to obtain a good credit history and therefore get credit card deals, you will need to take into account the vast number of things you can do after bankruptcy. Yet, using credit wisely is important.
You will be able to re-establish your good credit. Consider using secured credit cards to help you to do this.
You can start considering secured credit cards and even loans right after bankruptcy, although you are likely to get low interest credit cards the longer you wait afterwards, two years being a good time frame. Bankruptcy does stay on your credit report for seven to ten years. But, during that time you can compare credit cards, use secured credit cards and work to reestablish your good credit history through paying your debts on time. Doing this will help you to get good credit card deals down the road.