3 Ways to Shift from Indulgence to Independence

August 19, 2019

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Scotty Byers

Scotty Byers

Financial Professional

2711 LBJ Freeway
Suite 300
Farmers Branch, Texas 75234

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February 11, 2019

Bankruptcy – Consequences and Aftermath

Bankruptcy – Consequences and Aftermath

If you or a loved one is at (or think you may be at) the place where you’re wondering if declaring bankruptcy[i] may be the path to take, there are several serious consequences to be aware of.

Depending on the type of bankruptcy (Chapter 7 or Chapter 13)[ii], debts may be eliminated, reduced, or restructured into a less burdensome repayment plan.

But what about the consequences that arise during the process itself, and what is the aftermath?

Before and During Filing
Before you even file there are consequences that can arise from bankruptcy proceedings: the law requires that the filer undergo credit counseling [iii] by a government-approved entity to ensure the filer understands what will take place during the process and have a chance to look at other options. If bankruptcy still seems to be the only viable option, the filer will then have to file in federal court, paying a filing fee of hundreds of dollars.[iv]

During the process, a schedule of assets and liabilities must be submitted for review by the court. That means the creditors and court will be able to look into your private financial life. Furthermore, the bankruptcy will become part of the public record, and therefore your financial details will be exposed to public scrutiny. Next, in Chapter 7, nonexempt assets will be sold by the trustee to help pay creditors. For Chapter 13, the court, creditors, and debtor will work out a repayment plan based on the financial situation of the debtor.

Discharge usually occurs for Chapter 7 within a few months, and the debtor will be free of the debts. In Chapter 13, discharge comes as a result of successfully completing the repayment plan. If the schedule of assets and liabilities is not filed in a timely manner, the request may be dismissed. If the repayment plan is not strictly followed, the court may dismiss the process and decide in favor of the creditors (who may repossess assets).

Impact on Your Credit Report
Once discharge occurs, the debtor will have escaped from the shadow of debt. However, the ghosts of the filing will remain on the credit report for several years.[v] A Chapter 13 filing will stay for seven years, while a Chapter 7 filing will remain for ten years. It should be no surprise that a bankruptcy, regardless of type, will negatively impact your credit score.[vi] However, over time if an applicant can show a good faith attempt to repay the debts, and begin to develop good credit habits, creditors may be more willing to cooperate.

Successive Filings
One important point to consider is the ability to refile. Because Chapter 7 completely erases debts, possibly with very little partial payment required if the debtor’s nonexempt assets are minimal, the debtor must wait eight years before another discharge would be granted. (One may file bankruptcy before this time, but a discharge – the actual debt elimination – would not be granted.) On the other hand, a restructuring under Chapter 13 is less detrimental to creditors, so another discharge may be granted in a bankruptcy that is filed just two years after the first bankruptcy is filed.

The concurrent and subsequent, long lasting consequences of filing bankruptcy are significant, and those who can avoid bankruptcy should certainly consider all the alternatives. If bankruptcy seems to be the only option, filers should thoroughly understand the consequences of the process before committing to that course of action.

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This article is for informational purposes only and is not intended to offer legal advice or promote any certain plans or strategies that may be available to you. Always seek the advice of a financial professional, accountant, attorney, and/or tax expert to discuss your options.

[i] https://www.uscourts.gov/services-forms/bankruptcy
[ii] https://www.nolo.com/legal-encyclopedia/what-is-the-difference-between-chapter-7-chapter-13-bankrutpcy.html
[iii] https://www.consumer.ftc.gov/articles/0224-filing-bankruptcy-what-know#counseling
[iv] https://www.nolo.com/legal-encyclopedia/bankruptcy-filing-fees-costs.html
[v] https://www.experian.com/blogs/ask-experian/removing-bankruptcy-from-your-credit-report/
[vi] https://www.moneycrashers.com/bankruptcy-affect-credit-score/

October 1, 2018

Consumer Debt: How it helps and how it hurts

Consumer Debt: How it helps and how it hurts

What exactly is consumer debt? It’s “We the People” debt, as opposed to government or business debt.

Consumer debt is our debt. And we, the people, have a lot of it – it’s record-breaking in fact. In May of 2018, U.S. consumer debt was projected to exceed $4 trillion by the end of 2018[i].

That’s a lot of zeros. So, in case you’re wondering, what makes up consumer debt?

Consumer debt consists of credit card debt and non-revolving loans – like automobile financing or a student loan. (Mortgages aren’t considered consumer debt – they’re classified under real estate investments.)

So, how did we get buried under all this debt?
There are a few reasons consumer debt is so high – some of them not entirely in our control. The rise of student loan debt: Most consumer debt consists of school loans. During the recession, many Americans returned to school to re-train or to pursue graduate degrees to increase their competitiveness in a tough job market.

Bankruptcy: Changing bankruptcy laws under the Credit Card Protection Act of 2005 made it harder for Americans to file for bankruptcy. This led to consumer credit card debt climbing to a record high of $1.028 trillion in 2008[ii].

Good auto loan rates: The number of auto loans has skyrocketed due to attractive interest rates. After the recession, the federal government lowered interest rates to spur spending and help lift the country out of the recession. Americans responded by financing more automobiles, which added to the consumer debt total.

Is all this consumer debt a bad thing?
Not all consumer debt is bad debt. And there are ways that it helps the economy – both personal and shared. A student loan for example – particularly a government-backed student loan – can offer a borrower a low-interest rate, deferred repayment, and of course, the benefit of gaining a higher education which may bring a higher salary. A college graduate earns 56 percent more than a high school graduate over their lifetime, according to the Economic Policy Institute. So, getting a student loan may make good economic sense.

Credit card debt that won’t go away
Credit card debt is a different story. According to the National Foundation for Credit Counseling (NFCC), 61 percent of U.S. adults have had credit card debt in the past 12 months. Nearly two in five carry debt from month-to-month.

Still, the amount of credit card debt Americans carry has been on the decline, with the average carried per adult a little more than $3,000.

Credit card debt won’t hurt you with interest charges if you pay off the balance monthly. Some households prefer to conduct their spending this way to take advantage of cashback purchases or airline points. As always, make sure spending with credit works within your budget.

If you’re carrying a balance from month to month on your credit cards, however, there is going to be a negative impact in the form of interest payments. Avoid doing this whenever possible.

Stay on the good side of consumer debt
Consumer debt is a mixed bag. Staying on the good side of consumer debt may pay off for you in the long run if you’re conscientious about borrowing money, plan your budget carefully, and always seek to live within your means.

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[i] https://www.lendingtree.com/finance/consumer-debt-report-may-2018/
[ii] https://www.creditcards.com/credit-card-news/up-g19-federal-reserve-credit-debt-02072018.php

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