|
(continued
from previous page) Lucky 13?
Chapter 13 bankruptcy pros and cons By Melissa
M. Ezarik Bankrate.com
The pros of 13
One of the biggest benefits for Chapter 13 filers is that the amount
you're going to have to pay on that debt will depend not on how
much you owe but on how much you have. "That amount can be
as little as 10 or 20 percent of the total," says Janger.
And things get a lot quieter on the home front. "Chapter
13 freezes everything at a point in time and gets everybody settled
down," says Williams. No more creditors calling.
Besides your home being a safe haven from foreclosure
proceedings, a car may be kept through a restructured loan.
What's more, friends or family who have co-signed
a loan for you can be protected from lender demands through a plan
that Chapter 13 debtors can file, says Albany, N.Y.-based attorney
Michael J. O'Connor, a Chapter 7 trustee who also represents filers
of both 7 and 13.
One of the demands of Chapter 13 plans is also a positive.
"People really learn how to save money and take responsibility
of their debts. They learn to budget," says Lowe. "Hopefully
that sticks with them all their life."
While plan budgets are tight, individual judges have
different views about reasonable, necessary expenses. Janger has
even seen children's piano lesson costs approved.
To assist in creating and sticking to the budget,
some trustees offer individual and group education programs. Hildebrand
is one of a few dozen Chapter 13 trustees (out of more than 200)
in the U.S. to do so.
Hildebrand's students learn about the basics of life
within Chapter 13. Attendance rates are low, since the programs
aren't required. But anyone who wants permission to borrow money
must go. "Many of them who leave that class change their mind,"
he points out.
Still, Chapter 13 plans can be modified -- or even
converted to Chapter 7 -- if a life event such as layoff occurs.
And those completing the challenging plan typically
feel a huge sense of accomplishment. "It lets people walk away
with a little more pride," says Experian's Sweet.
Unlucky 13
Unfortunately, the majority of Chapter 13 plans fail. Living on
a bankruptcy budget is "sobering," Hildebrand says. "It
is sad, it is eye-opening." Coming up with a couple of hundred
dollars in court filing fees may well be just the beginning of the
constant stress to come during the three- to five-year period.
Living expenses are partially determined by the regional
demographics, Viale notes, so, "There's no real great formula
to say you're not going to be living on rice." Williams adds,
"If you've got an old car, it's going to get older."
Or as Stephen Snyder puts it, "You've got three-
to five-years of living in debt hell, with someone watching over
your shoulder telling you what you can and can't do." That's
why Snyder, author of "Credit
After Bankruptcy" and most recently, "Do
You Make These 38 Mistakes with Your Credit?" chose Chapter
7 for himself when he filed more than 10 years ago.
Embarrassment is also a factor. At the courthouse,
debtors are nervous and apprehensive, with their heads down, Williams
says. And because debt payments are via payroll deduction, filing
Chapter 13 is no secret at work.
It's also often evident to strangers, since filing
bankruptcy is hardly a credit report clean-slate. In fact, it's
the "most devastating thing you can do to your credit report,"
says Lowe. Need to lease an apartment, get a cell phone, rent a
car or make an online purchase? Not likely to happen. "People
don't want to let go of their lifestyle," says Snyder, who
leads a Credit after Bankruptcy seminar.
And if they want to let go of a marriage -- financial
problems are a major spousal relationship strain -- the debts will
still be tied to both parties, regardless of any legal documents
about who's assuming what debt.
Despite all the negatives, there's still that light
at the end of the proverbial tunnel.
"A bankruptcy is just something that happened
in your past. The past does not equal the future. It can be repaired.
And you need to focus on how to increase your credit scores by simply
changing your credit habits," says Snyder. Bankruptcy has been
called a seven to 10-year prison sentence, but, "if you know
what to do," he adds, "it doesn't have to be that long
at all."
Melissa M. Ezarik is a
freelance writer based in Connecticut.
|