Signs that bankruptcy may be an option
Tuesday, Sep 15, 2009
By Jennifer Hewitt
Some consumers may wonder when they should start considering filing for bankruptcy.
In a recent column for the
Jersey Journal , Alky Danikas, lecturer at St. Peter's College in Jersey City, New Jersey, noted that being behind in mortgage payments and facing foreclosure may be indications that a consumer should file for bankruptcy.
Another sign would be if a consumer can't pay off their unsecured debts, which would include credit carddebt.
"Ideally, one should be able to pay off unsecured debt in no more than five years," Danikas wrote.
When it comes to other options, Dankias advises against property owners taking out a home equity loan when trying to pay off their credit card debt. He said doing so will reduce the consumer's equity. Danikas also advised against cashing in retirement funds when trying to pay off debt, as these are often protected when filing for bankruptcy.
Regarding the two forms of bankruptcy, Danikas said that Chapter 7 may be good for people who have very little non-exempt
assets. Chapter 13 bankruptcy sets up a court-approved plan that would pay off the consumer's debt in three to five years.
A recent story from
USA Today noted there have been 954,911 bankruptcy filings from January to August of 2009. That's up from the same time in 2008, when 703,732 filings were made.
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