Debt Solutions > Bankruptcy (1)

Bankruptcy can be a good solution for individuals who have tried other methods of debt resolution and have experienced no relief. Sometimes, a debtor has tried budgeting, refinancing is not an option, and credit counseling has even proven ineffective because they cannot afford to pay their bills through the credit counseling agency and still meet their other obligations. After being forced into a "rob Peter to save Paul" last ditch effort, the debtor realizes they need salvation. Often, debtor's finances are stacked against them. Limited financial resources cause a situation in which attempts to handle the debt is just prolonging the agony and making it nearly impossible to effectively satisfy all of their obligations. Bankruptcy may be the only effective alternative to dealing with the tension and emotional distress that are created by the financial hopelessness. When a consumer files for bankruptcy, they are protected from the emotional distress of collection attempts because the creditors must obey an automatic stay that requires them to cease any collection activity, including telephone calls, bills, and even lawsuits that are pending against them. Each bankruptcy case is assigned a court appointed trustee who acts as an intermediary and is responsible for seeing that the creditors recover as much as possible within the legal limits of the bankruptcy court.

The decision to file for bankruptcy is one that should be thought out thoroughly. Many consumers learn, only after filing, that it has lasting negative effects that limit financial options and ability to obtain credit. Many bankruptcy attorneys are overzealous in their approach to soliciting the benefits of bankruptcy because they earn money by helping consumers file. Likewise, in their pursuit of money, aggressive collectors scare consumers, who are unaware of their legal rights, into unnecessarily filing bankruptcy. Often, consumers realize that the long-term sacrifices created by the lasting effects of filing bankruptcy outweigh the pain that the collectors were causing. In many cases, if the debtor had "called the collector's bluff" and simply ignored the threats, they would have realized that they were unfounded.




  

           


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