Avoiding Bankruptcy Can Be A Simple Process PDF Print E-mail
Written by Daniel R. Michaelson   
Monday, 29 June 2009 13:57
Although bankruptcy is something that sometimes needs to happen, you'll find that there are more ways to avoid it than you might think. As in a divorce, where couples should try to work things out if at all possible, you'll find that bankruptcy should be something that you approach with care and with a lot of investigation into other options. Bankruptcy is never an easy way out, so take some time to review what other options might have, especially in light of some of the new bankruptcy laws.
by DanielR.Michaelson


Although bankruptcy is something that sometimes needs to happen, you'll find that there are more ways to avoid it than you might think. As in a divorce, where couples should try to work things out if at all possible, you'll find that bankruptcy should be something that you approach with care and with a lot of investigation into other options. Bankruptcy is never an easy way out, so take some time to review what other options might have, especially in light of some of the new bankruptcy laws.

Doing Nothing May be Your Best Answer

Even though there are many times where action is needed, debt problems may not be one of them. You have to know what you're getting into and how credit companies work before you can make the best decision for your situation. Since creditors have to spend all kinds of money on legal fees just to solidify their claim, if your balance is less than what it cost, they won't waste anymore money. If you owe a company $400 and their fees are over a grand, you might as well do nothing at all.

No Money at All

Even if you wanted to pay off your debt, is it possible that you just can't? The truth is that any good business person knows that you cannot squeeze blood from a stone and if they are smart, they won't even try. Consider a situation where you owe three different creditors 500 dollars, 1,500 dollars, and 4,500 dollars. The first creditor is most likely not going to take you to court for 500 dollars because that would barely cover the legal fees that they need to pay.

Even if they won, they would need to look into getting it enforced! Remember that most of your budget is completely out of the creditor's reach. For instance, they can't touch you clothing, furnishings, food money, Social Security payments, unemployment, public assistance and even 75% of your wages. Even if you pay the two higher amounts, it is unlikely that you will get taken to court! The truth is that sometimes doing nothing at all can result in your case getting written off.

Remember that as annoying as phone calls and dire letters are, a debt collection agency needs to stop attempting to collect a debt once you inform them in writing that you have no intention of paying it. One thing that you might wish to try is to deny knowledge of the debt whenever you speak with the creditor, because acknowledging that the debt exists restarts the statute of limitations that will legally erase your debt.

How To Negotiate Away Your Debt

Everything we mentioned above is why creditors always want to settle out of court. Not only will they alleviate all the legal fees, they'll be able to collect some of that debt back. This is why it is so important to have all the knowledge of the subject at your fingertips. Without it you'll be running to the bankruptcy lawyer without even batting an eye.

Remember, just because you talk with a bankruptcy lawyer doesn't necessarily mean you're going to be needing one. Let them know that you are dead set on trying to avoid bankruptcy. Once you do this they'll be able to create a debt settlement plan for you. While it can be done formally or informally, it's important to take the first step in resolving the matter.

When it's all said and done we recommend utilizing a credit counseling program. Taking this route will allow you to get the appropriate help and understand the in depth material covered in bankruptcies and creditors. It will show you how the future is going to look, as well as the other side if you choose to stay away from bankruptcy all together. All you need is a reputable company to help you along the way like Nationwide Debt Solutions. Utilizing a big name like this will help you get back on your feet in no time.

DISCLAIMER: This article is provided as information only and is not to be taken as financial advice.