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Connecticut Bankruptcy Law Blog

Clearing Myths That Surround Personal Bankruptcy - Part 1

A lot of misinformation can surround personal bankruptcy, and the misinformation can make it harder for individuals considering bankruptcy to make the appropriate choice. During this post and the next we will take a look at a handful of bankruptcy fictions and dispel them.

One of the most common bankruptcy myths is that people who file for bankruptcy are financially irresponsible. While misuse of finances may be the cause of some bankruptcies, the majority of bankruptcies are filed by people who either: lose their job, suffer a serious illness or go through divorce. According to the Centers for Disease Control and Prevention, around 20 percent of American households struggled to pay medical bills over the last year, and according to the Bureau of Labor Statistics more than 5.2 million Americans have been unemployed for six months or longer. The take-away is that many people who tried to do the right thing face unforeseen issues that can lead to bankruptcy.

Strategic Default, Modification and Foreclosure:

EXTREME CAUTION REQUIRED!

STRATEGIC DEFAULT:

Strategic default is a process wherein the homeowner intentionally defaults in the hope of getting the lender's attention in an attempt to force a mortgage modification and avoid foreclosure.

THE RISKS:

The stakes are extremely high. You are jeopardizing your home in hopes that the lender will be motivated to lower your mortgage payment. Be clear! Getting their attention may mean getting a modification, but it could mean commencement of a foreclosure. Will it get a bank response, or a sheriff at the door? Many homes are lost when the bank doesn't lower its payment, but instead becomes a foreclosure process.

THE REWARDS:

You could get their attention and they might be motivated to rework your mortgage if you are not paying. Make sure you are clear on the exact reduction you need to save your home. They can't change your taxes and they can't change your insurance. The rewards need to be carefully weighed in advance with professional assistance.

IS IT WORTH IT?

If you are prepared to lose your house, it may be worth it. In any event, save your missed payments - You may need them to move.

Chapter 7 not an invitation to spend

Filing for Chapter 7 bankruptcy protection does not give a consumer the right to rack up additional debt in the spirit of knowing those debts will soon be expunged. Not only is this dishonest, but it could throw a big wrench in the bankruptcy proceedings.

Some people will try to squeeze in some last-minute impulse shopping during the short time between when they file for bankruptcy to when creditors receive notice. Once creditors receive notice of the bankruptcy filing, they usually close off all lines of credit. Purchasing essential items for every day survival leading up to a bankruptcy is permissible, but loading up on high-end gadgets or a Caribbean cruise is not.

New rules could help those facing foreclosure

The United States government will soon propose new legislation that is poised to help out Connecticut residents who are losing a home to foreclosure.

Ever since the financial meltdown in 2008, U.S. Congress vowed that it would make changes to current laws that regulate the mortgage servicing industry. That mandate is about to come to fruition as the proposed rules would ensure that distressed homeowners have more avenues in which to get out of foreclosure and also get a clearer idea of their monthly mortgage payments.

Debtors place emphasis on paying auto loans

These days, consumers are inundated with bills and constantly being asked to submit monthly payments in order to stay current with their loans or lines of credit.

Credit card debt is only one piece of the debt puzzle along with things like home mortgages, auto loans and other kinds of unsecured debt. When the consumer finds themselves low on cash, they must prioritize their unpaid debts and choose which ones are worth paying. Of course, they can always wipe away some, if not all, of these debts by declaring bankruptcy.

When creditors don't honor bankruptcy protection

At times, it might seem like nothing -- not even the law -- will stop creditors from chasing down their debtors and squeezing money out of them.

One of the reasons men and women living in Connecticut and around the rest of the United States turn to Chapter 13 and Chapter 7 bankruptcy protection is that it stops all creditor action. This shields the filer from harassing phone calls or lawsuits that they might otherwise be subject to and gives them a chance to collect themselves and get their financial affairs in order.

Data suggests consumers are now using credit wisely

Could it be possible that consumers in Connecticut and throughout the rest of the country are getting a better handle on one of the most debilitating forms of debt?

Information collected by Discover Financial Services certainly suggests this is true. The company, which is the sixth-largest credit card company in terms of spending, reports that men and women are turning to the plastic more in the first fiscal quarter of this year. While this might not paint a picture of fiscal responsibility, the fact that these same consumers are making better progress on paying down credit card debt does. This trend suggests that while consumers continue to use credit cards, they are doing so wisely.

Knowing your rights when faced with debt collectors

If you are a Connecticut resident -- or resident in the U.S. for that matter -- who is buried under debt that you simply cannot keep up with, you likely have a number of debt collectors contacting you for payments. In addition to the stress that comes with getting behind on bills and payments, constant harassment from debt collectors certainly does not help.

Many of these debt collectors aren't exactly ethical either. They will try just about every tactic in the book to get you to pay.

Ethnic trends in bankruptcy

A growing number of studies have confirmed that Black Americans in Connecticut, and elsewhere throughout the country, are pushed into declaring Chapter 13 bankruptcy over Chapter 7 at a rate that far surpasses any other ethnic group. What these studies have yet to prove is the fact that these are conscious efforts by financial establishments. Furthermore, the Black American community has made strides in personal bankruptcy overall, watching the number of Black Americans filing for personal bankruptcy steadily drop for the last few years.

According to the 2010 Annual Consumer Bankruptcy Demographics Report, Black Americans comprised 11.3 percent of all Americans who filed for bankruptcy that year. This was down from 15.4 percent the year before. Bankruptcies filed by Asian Americans and Hispanics spiked while the number for Native Americans and Caucasians remained relatively unchanged.

Credit cards are good -- when used properly

Credit cards have so many redeeming qualities that it would be illogical to demonize them all together. Not only are credit cards ultra-convenient for transactions both in person or over the Internet, using a credit card in the right fashion can also help a consumer build up a solid credit history.

Still, many Connecticut residents look at the insurmountable credit card debt that thousands of consumers inadvertently rack up and therefore write off these financial tools completely. While credit cards certainly carry their share of pitfalls, using them the right way can only help a consumer.

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