Bankruptcy
basically means ‘broken+bench’. In past,
when a borrower was not able to pay back loans, the
debtors’ men used to break the workbench of borrower
into two, as a mark of punishment for not paying his
loans. Now, it has become a legal jargon and a tool
to help an individual or business discharge its burden
of debts without been swallowed up by it. It is now
a legal term, meaning that an individual cannot, within
reason, pay off his various debts and has allowed the
court system to take over his finances for the purpose
of easing off his debts.
Now bankruptcy laws have been enacted to protect both
lenders’ and borrowers’ interest. It was
legislated to provide equal and fair measures to satisfy
the objectives of all parties. The primary purpose of
the bankruptcy lwas were that if a borrower is not able
to pay off his debts due to reasons beyond his control,
his loans may be waived off. Second, to help a debtor
get back his money to the extent the borrower has property
available for payment.
Several studies over the years have shown that the
primary cause of personal bankruptcy is uncontrollable
levels of consumer debt which in most cases is coupled
with an unexpected event, such as a major medical expense
not covered by insurance, the loss of a job, divorce
or death of a spouse. According to economists' surveys,
the classic bankruptcy filer is a blue collar, high
school graduate who is the head of a household in the
lower middle-income class with heavy use of credit.
Different types of bankruptcy exist in different localities
and countries, defined by legal codes for certain purposes.
The exact types of bankruptcy available differ from
one country to the next, in the United Kingdom for example;
bankruptcy can only legally be applied to individuals
and partnerships, whereas in the United States and Canada,
it can be applied to businesses as well.
Despite the serious short term and long-term effects
associated with filing bankruptcy, the number of people
filing bankruptcy lately has been on the increase. It
is estimated that 5.4 people out of 1000 filed for bankruptcy
last year and that this rate has been growing at an
average of 7%. The alarming ease with which people file
for bankruptcy is a growing cause of concern for governments
and financial organizations.
Bankruptcy has long been a big question mark in the
eyes of the consumer. More often than not, a person's
view of bankruptcy is developed by his immediate environment
such as his parents or close relatives’ personal
views or based on what they see as far as ads etc. regarding
bankruptcy. Too often these ads are simply put together
by bankruptcy attorneys that want your business. Bankruptcy
is big business. With 1,597,462 personal bankruptcy
filings being made during the calendar year in 2004
you can see that there is a lot of money to be made
by bankruptcy attorneys. While not all bankruptcy attorneys
are in it for the money it is apparent by the plethora
of advertisements online or on TV that make claims such
as you'll be on your way to good credit it no time,
or claims that it's easy to file that there are bankruptcy
attorneys with their own personal gains at the top of
their mind.
Here is a list of myths or untrue statements regarding
bankruptcy:
- All debts are waived off in case you file for Chapter
7 Bankruptcy Protection.
- Your credit rating will be improved if you file
for bankruptcy
- Bankruptcy is an easy process
While bankruptcy may be unavoidable for some individuals
due to hardships that they may be experiencing, bankruptcy
is not for everyone. Bankruptcy attorneys should try
to find other solutions for you before recommending
their own help. Review your options before making your
decision, as this may have a long term impact and not
provide the quick fix some look for when choosing bankruptcy
protection.
If you feel you may enter into mesh of bankruptcy,
prior to taking any step, you must think and answer
yourself two questions:
Should I go for bankruptcy?
Bankruptcy is fully a personal decision and must not
be taken under influence of vested interest. You must
evaluate your debt level, your capacity to repay, risk
factors, advantages and disadvantages of filling bankruptcy,
affect on ypur social status, expense on filling bankruptcy
etc.
What is the level of risk for bankruptcy?
In case you are thinking of bankruptcy, the first step
is to evaluate the risk factor on the basis of record
of late payments, overspending, capability to pay minimum
amount monthly, etc-If answer to all these is “yes”
then you are at risk for bankruptcy and must get some
expert advice.
|