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You might have spotted some signs that
you're headed toward a deep financial hole. You've been
skipping payments on your mortgage or car loan or maybe
you've been maxing out your credit cards. Repeated calls
from creditors demanding their money might tell you
something, too.
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A low credit score would seem to be a
strong hint, but it's not always a good gauge. Barry
Paperno, manager of consumer operations at Fair Isaac
Corp., a leading developer of credit scores, says consumers
who file bankruptcy can have very different credit histories
with a wide range of FICO risk scores at the time they
file. And they can be affected in very different ways.
"The degree of the effect on each
consumer will vary depending on other factors evaluated
by the FICO score, such as the length of credit history,
amount of credit obligations paid as agreed, other delinquency/derogatory
items, amount of credit used, types of credit used and
search for new credit," he says.
Attorneys say that if you do have to file
bankruptcy, preparation and timing are extremely important,
especially with the new provisions in the law such as
the Chapter 7 bankruptcy "means test," which
determines a consumer's disposable income.
"You need to average the income over
the prior six months," says Marc Stern, co-chair
of the Bankruptcy Committee of General Practice solo
division of the American Bar Association. "If the
debtor lost a high-paying job, the longer between the
job loss and filing the better. The wait probably presents
a more factually correct analysis of the debtor's situation.
"There are other factors: If a medical
problem has not been stabilized, there is no reason
to file, or, if anything, file a 13. It can be dismissed
or converted at a later time. If the debtor is not employed,
why file? There is usually nothing for a creditor to
pursue. Wait and file shortly after they get a job."
But don't wait too long to seek help,
especially if you are faced with a legal action such
as a mortgage foreclosure, car repossession, wage attachment
or an inevitable loss of property.
Also, be extremely mindful of your spending.
Monitor your use of credit cards. The American Bankruptcy
Institute advises that once you've decided to file bankruptcy,
stop using the cards.
Experts warn that anything you purchase
knowing you won't pay is considered fraud under the
bankruptcy law and that debt won't be discharged. Buying
luxury items such as a high-definition television or
services like a day at the spa and/or taking out cash
advances within two or three months before you file
won't be discharged, even if, at that time, you didn't
think you would file.
So, the decision is made. You believe
filing a Chapter 7 liquidation or a Chapter 13 repayment
plan bankruptcy is the best move to eliminate your mounting
debts and end constant calls from creditors. What's
next?
Gather financial
documents
The new law has added a series of provisions to tighten
loopholes by requiring more paperwork. A case can be
dismissed for failure to provide all required documents
and information. So an organized pile of essential documents
not only smoothes out a very detailed process but also
saves time and most importantly, money. Prepare a list
of assets, debts, income and lawsuits, and put together
all financial documents such as pay stubs, receipts
and tax returns relevant to the list.
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