Sacramento bankruptcy & injury law blog

Credit Card Debt Elimination In Bankruptcy

Credit Card Debt Elimination In Bankruptcy

Credit card debt elimination in bankruptcy is one of the most common causes of bankruptcy filing. Consumer debt has increased dramatically in the past few years. The level of credit card debt is now near it‘s pre-recession level. And that’s a lot. This Consumer Reports article describes the recent rise in credit card debt. The article also describes the perils of excess credit card debt. In depicting the problem of too much credit card debt, the article points out what can be done to diminish the hard harm of the excess debt.

credit cardsEliminating credit card debt is the ideal solution to excess credit card debt. But that is easier said than done. Trimming expenses, paying your debt down faster and tapping your savings are all options to decrease your debt. These are great ideas. But not if they won’t work for you. Maybe your expenses are already shaved to the bone. Perhaps you can’t pay your debt off any faster. And what if you have no savings? If so, credit card debt elimination in bankruptcy may be your best bet.

Credit card debt elimination in bankruptcy may be your only option if your debt is beyond your ability to repay. And those in that position are not alone. Tips to improve your credit position are meaningless if you can’t employ them. And paying more on your debt often falls on deaf ears of those in debt. The reason people are in debt is often because they can’t repay it. If they could, they would.

The Consumer Reports article is right. Too much credit card debt is bad. But if you can’t repay it, credit card debt elimination in bankruptcy is your only option. And a good option it is. Though filing bankruptcy is a negative on your credit, eliminating your credit card debt you can’t repay is a positive. Weighing these options is the key to evaluating whether filing bankruptcy is the right financial option.

Sacramento Bankruptcy: Bankruptcy Myths Exposed

Sacramento Bankruptcy: Bankruptcy Myths Exposed

Over the next few weeks and posts, I will expose some of the major bankruptcy myths out there. The first, and often the most common, is that bankruptcy is a financially irresponsible move. Or that it is financially irresponsible to incur more debt than you can afford to repay. This US News report reflects many of these myths.

The reality is that most debt discharged, or eliminated, through bankruptcy, is tied to medical treatment, bills and living expenses. Rarely are debts discharged through bankruptcy perceived as financially irresponsible. That’s because they’re not. It’s a myth.

The cost of living has increased. And it has increased at a much faster pace than in years past. Just ask a college graduate with student loans, the uninsured ill, or underemployed parents trying to provide. Debt has become a necessity of American life. And that is definitely no myth.

What, then, to do with the debt? The credit card industry has tried to portray and perpetuate the myth that filing bankruptcy on your debt is financially irresponsible. But why? They don’t want there debts discharged is why. Debt you can pay is one thing. Debt you can’t repay is another. Bankruptcy is about what to do with that debt you cannot afford to repay.

And if you cannot repay your debt now, you’ll be even less like to repay it later. Debt grows more commonly than it shrinks if you cannot afford to pay it. Often incurring new debt to repay old debt becomes a way of life. When you run out of Peters to pay Paul, though, something has to give.

Bankruptcy is about doing something with your debt when you have nothing else to do. When you cannot afford to repay your debt and you can no longer borrow to handle your debt load, bankruptcy becomes a necessity, not a myth. Bankruptcy is a tool. It is a financial tool. And it is a good one if you need it.

Just know bankruptcy is an option to help and bankruptcy myths are not reality.

Trump and Bankruptcy

Trump and Bankruptcy

You are not alone if you are considering filing for bankruptcy. Donald Trump has filed bankruptcy on behalf of his businesses four times. While Donald Trump has never filed for personal bankruptcy, he has sought debt relief for several of his business interests. But, as Trump would tell you, he is wealthy. Very wealthy. Why, then, would his businesses file for bankruptcy? Perhaps the nexus between Trump and bankruptcy is partially accountable for his wealth.

trump buildingAs has been pointed out, Trump’s businesses accumulated too much debt. With more debt than income to afford it, Trump and bankruptcy became a team for these businesses. Though these businesses filed for Chapter 11 Bankruptcy reorganization, the bankruptcy effect was the same as the most common consumer bankruptcies (Chapter 7 and 13) individuals file. Trump filed bankruptcy to limit and eliminate his business debt. His businesses simply couldn’t afford the debt. Bankruptcy law allowed the debt to be eliminated, lessened or refinanced through the bankruptcy court. Bankruptcy can do this for business debt. And bankruptcy can do this for personal debt. It is why businesses and individuals file for bankruptcy.

Trump may have earned his fortune through “the art of the deal.” But Trump and bankruptcy teamed when the deal went south. Bankruptcy is a business move. Nobody knows this more than Trump. Considering bankruptcy as nothing more than a financial function for the betterment of his businesses served Trump well. Bankruptcy can provide the same utility to individuals filing for bankruptcy. It’s no mystery or science that debt is as much a burden to individuals as it is to businesses. By the same token, eliminating debt is a benefit to both.

Individuals, unlike businesses, are often wary of filing for bankruptcy. Perhaps there is a stigma or some sense of moral failing associated with filing for personal bankruptcy. But it shouldn’t. Debt is part of personal finance. Dealing with personal debt should be considered no different than dealing with business debt. Trump and bankruptcy teamed to deal with debt for his businesses. Individuals can do the same with bankruptcy to benefit their personal financial picture. It’s that simple.

Bankruptcy Means Test Meaning

Bankruptcy Means Test Meaning

What is the bankruptcy means test meaning? What even is the bankruptcy means test? Many considering bankruptcy and other debt relief options want to know. Stated simply, the bankruptcy means test is a financial evaluation of whether you qualify for certain bankruptcy protection. Passing the bankruptcy means test typically qualifies a filer for Chapter 7 bankruptcy. Chapter 7 bankruptcy is a form of bankruptcy filing resulting in the discharge, or elimination, of the filer’s debt. None of the debt normally needs to be repaid in a Chapter 7 bankruptcy.

financial freedomQualifying for Chapter 7 bankruptcy requires the filer to pass the bankruptcy means test. This, then, is the primary bankruptcy means test meaning. To “pass” the bankruptcy means test, the filer must demonstrate eligibility to file for Chapter 7 bankruptcy. What this means is that an individual or couple filing for Chapter 7 bankruptcy must prove eligibility for a Chapter 7 filing. To be eligible for filing Chapter 7 bankruptcy, filers must show, essentially, their living expenses exceed their income. Put another way, they owe more in living expenses than income earned. This recent news article clarifies many of the bankruptcy means tests basics.

When bankruptcy filers establish their living expenses exceed their income, Chapter 7 bankruptcy law allows their debts to be forgiven, or eliminated. The bankruptcy means test meaning here is that if an individual cannot afford basic living expenses, debt on top of that is incapable of being repaid. That is the purpose of Chapter 7 bankruptcy, to eliminate debt that cannot be repaid. The bankruptcy means test is the tool to test whether this is true for those filing for Chapter 7 bankruptcy.

Not qualifying for, or passing, the bankruptcy means test does not mean you cannot qualify for bankruptcy protection. But the bankruptcy means test meaning does dictate whether you qualify for Chapter 7 bankruptcy. Not qualifying for Chapter 7 bankruptcy is not necessarily bad. Sometimes other forms of bankruptcy filing, such as Chapter 13, bankruptcy, are a better bet for the filer. Every individual and family are different.

Though the concept is simple, the bankruptcy means test is one of the more complicated areas of bankruptcy law. Tread carefully here! There are numerous nooks, crannies and niches to the nuance of the means test. This is particularly so if your finances are not a natural fit for the means test. Perhaps, then, the best way to understand the bankruptcy means test meaning is to meet with a bankruptcy professional.

Page 3 of 7