The Good News And Bad News About Filing For Bankruptcy Mississauga

| Thursday, June 2, 2011
By Adriana Noton


Filing for bankruptcy Mississauga can give both businesses and consumers a clean financial slate. Filing eliminates all of part of the debts that borrowers can't pay. Although state laws vary, borrowers also have a chance to keep their homes and their vehicles.

Chapter 7 bankruptcy wipes away all or part of a borrower's unsecured debt. Chapter 13 creates a repayment plan for debts. The Chapter 13 repayment plan could take anywhere from three to five years. The plan is always court-supervised.

Filing can have some advantages for borrowers. First, debts are partially or completely gone. Second, borrowers can keep their secured assets, like their home and their vehicle. Third, collectors can no longer attempt to get back their money. This will end telephone calls, letters, liens, and wage garnishments. Also, employers cannot discriminate against their employees if they file.

The process also has disadvantages. The event stays on a borrower's credit report for seven to ten years. During that period, borrowers can have a hard time getting a mortgage or line of credit. Even after the event falls off of the credit report, loan applications can still ask if a borrower has a prior bankruptcy. Some job applications ask the same question. A future employer may discard the application of someone who has filed in the past.

Borrowers must avoid several important mistakes. It is best, for instance, to have less than one hundred dollars in liquid assets when filing. These include cash accounts and investments. Also, borrowers should avoid filing when they are owed a substantial amount of money. That money will be distributed among their collectors.

In addition, borrowers must not transfer assets into other names. They should also avoid paying large sums of money to friends and relatives in the year before they file. Courts will take the money back and give it to creditors. Borrowers must also never pay a creditor more than six hundred dollars. This is especially crucial during the ninety days before filing.

Borrowers should most definitely not incur more debt. This includes any charges to a credit card. In addition, borrowers should never file if they expect any kind of windfall. This could be from an inheritance or from the sale of real estate. The proceeds will be taken and given to debt collectors.

Finally, borrowers should not wait too long to file. Waiting can cause borrowers to lose thousands of dollars to creditors. It can also cause them to make mistakes that make them ineligible to file. Most often, borrowers wait because of guilt. It's important for borrowers not to blame themselves for circumstances beyond their control. Filing is a purely business decision. Shame keeps borrowers from facing their problems and getting on with their lives.

Bankruptcy Durham region is complicated and emotional. At the same time, borrowers have to admit to themselves that some situations are beyond their abilities. The process of discharging debt has both pros and cons. The problem of unpaid debt, however, far outweighs the stigma of bankruptcy.




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