November 11, 2009
Alternatives to Bankruptcy
Bankruptcy is normally a very embarrassing thing to most people. It has also been known to tremendously bring down a person’s credit score and make it almost impossible to borrow in the future. Bankruptcy is defined as the legal declaration by a person or an organization of his or their inability or impairment to pay off all their debts. Owing to the huge and perhaps negative implications of declaring bankruptcy, many people or organizations will always seek for alternatives when faced with a bankruptcy situation. So what are some of these alternatives?
1. First one is to do nothing. This works best for a person who has no earnings or wages. The law requires that a creditor get a judgment against any of their debtors before proceeding to seize any of his assets or property. Without a source of income, it would be impossible for them to obtain a judgment and thus seize your property. Normally after a few years, the debt is deleted from your credit history.
2. You could consider debt consolidation. Debt consolidation is particularly useful where the interest rates to your borrowings are higher than you can afford. With debt consolidation you could negotiate with your creditors to pay your debt in one lump sum and you could end up not paying back as much as 60%. Your financial situation must be really worrying for the creditors to even consider it.
3. You could consider debt restructuring. This is normally applies by organizations but an individual could also utilize it. Here the party facing financial income problems enters into a renegotiation with its creditors with the intention of coming up with new ways to repay the debts. It normally involves an extension of the payment period and also a reduction of the debt. It is actually a cheaper option to declaring bankruptcy.
4. A basic and simple alternative to declaring bankruptcy that most people forget about is managing your finances. This means cutting down on your spending to allow for savings to pay off your debts. Here you will need to revise your budget and trim it down to a workable and practical smaller one that you could comfortably adhere to. Debt is normally a result of spending more than you are earning so you need to reorganize our spending habits.
5. There is the individual voluntary agreement which is very common in Britain. Here, can reach a formal repayment schedule with their creditor over a period stretching up to five years. In the US it is normally considered as the formal version of the Debt Relief Order. Normally the debtor does not repay his debt in full but the creditor will be obligated to write off any unpaid debts after say the stipulated five year payment period.
There are a few more alternatives to declaring bankruptcy and you could consult a financial expert or an attorney for more advice.
Written by: Sumati Dhingra
Filed Under: Debt Management