• tygerprints@kbin.social
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    11 months ago

    Most individuals still have to work out a debt repayment plan. I know some credit cards and loans still have to be repayed even in bankruptcy. Chapter 11 bankruptcy is only available if you’re a corporation or a kajillionaire.

    • WetBeardHairs@lemmy.ml
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      11 months ago

      Bankruptcy debt settlement are usually for a fraction of the stated amount. I’ve heard of families who have discharged over 100k of cc debt and only had to pay about 10k. Usually you will lose bigger assets like vehicles, but keep your home.

      • stevehobbes@lemy.lol
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        11 months ago

        You can and will lose your home in many many states (non homestead states primarily). If the person you aren’t paying is your mortgage holder, you’re definitely going to lose your home You will also almost always lose non-primary residences provided they need to be liquidated to settle your debts. You will be given any excess money from the liquidations after your debts are settled.

        If you’re settling debts you’re probably doing chapter 11 not 7.

        Chapter 11 requires your lenders to play ball, but if they think they can make more money by extending terms of offering a discount than if they force you into chapter 7, they will.

        If you make $5k/mo and your living expenses are $3k/mo and you have $3k/mo of debt for the next 30 months, reasonable lenders would look at that and say I’d rather have $1.5k for 60 months and I believe you can pay it rather than rolling the dice in chapter 7 on what assets you have or don’t have and what they’re worth when they finally get liquidated.

      • FarFarAway@startrek.website
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        11 months ago

        Which part is untrue? Didn’t they change the rules of bankruptcy like a decade ago or something?

        It used to be that you could get all your loans discharged and in essence just end up with a really bad credit score. I thought they changed it so people still had to pay their debts off even if they declared bankruptcy.

        Unsure if it applied to corporations though.

        • stevehobbes@lemy.lol
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          11 months ago

          That’s chapter 7. There are some debts that cannot be wiped out via bankruptcy. That’s true for corporations too. And when it happens, they get liquidated.

          You can’t really liquidate a person and cease it to be an ongoing concern. The dynamics are different.

          Chapter 11 can and does get filed by people - but it’s a reorganization, and buys you time to negotiate with the debt holders if able for a reduced amount or a longer repayment plan or reduced interest instead of going through chapter 7 where they’ll get nothing or very little if it’s unsecured debt.

          Both will tank your credit.

          • tygerprints@kbin.social
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            11 months ago

            I’ve been through it and the attorneys involved stated up front, no individual can apply for “Chapter 11” bankruptcy, and then they proceeded to give me the current literature about state law. Maybe it’s differerent from state to state, but where I live individuals are not allowed to file for Chapter 11 bankruptcy.

            Everyone I’ve talked to that went through what I did was required to file for Chapter 7 bankruptcy instead. And yes it did tank my credit, until I paid off the bankruptcy and had it discharged. Then suddenly I was getting notices about “preapproval for credit” once again (which I totally disregard, I’m not going through all that again!).

  • fury@lemmy.world
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    11 months ago

    I got talked into bankruptcy (by a bankruptcy lawyer, surprise surprise). It cleared $12k of credit cards and bank fees but not the then-$50k of student loans and the spending habits that were the real problem. Now I learned my lesson. No credit cards. Save up and pay. Have an emergency fund that can cover your expenses for months and months in the event you lose your job, or your most expensive unplanned repair. That’s the real life saver.

    • GaMEChld@lemmy.world
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      11 months ago

      Credit cards are fine for people who can control their spending. I never pay interest, so I get my rewards for free and am building my credit. If you cannot control your spending habits, you might consider a card with a low limit.

      • SeabassDan@lemmy.world
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        11 months ago

        You mean you never pay interest by paying off the debt before the next billing cycle, right? Or is it fine to get zero interest for whatever amount of months on certain purchases?

        • Jimmyeatsausage@lemmy.world
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          11 months ago

          We do both… both are fine. As long as you aren’t paying fees or interest, there is no disadvantage to using credit cards.

          • SeabassDan@lemmy.world
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            11 months ago

            Ah, okay, I always figured the only way to really be responsible with credit was to use credit cards like debit, but if a big purchase came along that I definitely couldn’t pay off within the month, I figured it wouldn’t hurt to have zero interest but wasn’t sure of the impact on my credit.

            • MrScottyTay@sh.itjust.works
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              11 months ago

              That is pretty much the right way to do credit. Treat like debit and/or find a way to have 0% interest over a few months time to spread a big cost across multiple months where it becomes affordable.

              • SeabassDan@lemmy.world
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                11 months ago

                My concern is the impact on my credit from not paying back in full, even if there’s zero interest for an extended period of time. Like paying an appliance in 3 months with no interest versus the full balance before the next billing cycle. I just assume there’s a downside to having that convenience aside from them hoping I’ll fall behind.

            • jasondj@ttrpg.network
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              11 months ago

              That’s more or less the right way.

              Use credit cards for everything for an automatic minimum 2% discount on all purchases (in the form of cashback or rewards depending on how you value them, and more if you optimize category spending…I.e. you have a certain card you use for gas or groceries or eating out because that card has the best rewards for that category). Enjoy sign up bonuses if you can responsibly make the spend requirement. Always pay off statement balance and never close accounts (downgrade/product-change to free cards if the benefits aren’t more valuable than the annual fee).

              And enjoy 0% offers but never slip on payment because that’s how they get you. If it’s not paid in full in time or a payment is late they will charge you backdated interest. 0% financing is free money if you can afford it (and can use it) at this inflation rate. I’d been on the fence about replacing my aging appliances but 0% for 24 mos made that a no-brainer. I could afford to have bought those appliances with cash (it’d sting but it’d be doable), but I’d much rather keep that few grand in a CD or bond or mutual fund and pay a 23rd of the balance every month, making me money instead of the bank.

              • SeabassDan@lemmy.world
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                11 months ago

                You lost me a little with that last part, I’m assuming that’s more about investing, but I can understand weighing the options between an annual fee and rewards.

  • neonred@lemmy.world
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    11 months ago

    Filing for bankruptcy is offloading your responsibility to others who then have to pay with their money for your faults.

    It’s a cheap way out for people that do not act responsibly.

    Bankruptcy? Okay, but then lose all saying in your money spending because you just proved you can’t handle it yourself.

    • YeetPics@mander.xyz
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      11 months ago

      It’s irresponsible for banks to loan money, they pay many people salaries for risk assessment before loaning it. Also their loan is insured so even if you don’t pay it back they write the loss off.

      • neonred@lemmy.world
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        11 months ago

        Indeed. But they want to make money, so they rise the interest rate to make even more money and cut losses on failed debt repayments.

        They solely exist to make money by extorting the people in debt. Who would have guessed?

        So? Never have debts.

        “Consumer” debts should ethically not exist as consumers just consume the money and are therefore not able to pay it back as it is not an “investment” debt, which has the chance to succeed.

    • TheGalacticVoid@lemm.ee
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      11 months ago

      People “spend irresponsibly” for a ton of reasons like medical expenses, paying for a funeral, having mental illnesses that they don’t even know about, etc. Life happens.

      They received money from a rich guy or corporation who knows of the risk of their money going “poof.” Creditors aren’t mom-and-pop shops, and they will survive if an investment doesn’t go well. The same cannot be said for the person in deep credit card debt. Oftentimes, the lenders are the ones who have predatory practices and purposefully make it easier for peoples’ debt to spiral out of control, and you shouldn’t feel bad for those lenders.

      • neonred@lemmy.world
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        11 months ago

        About these unexpected costs:

        • medical insurance is a must, otherwise you are gambling and the chances to lose this bet are quite high.

        • funerals happen unexpected - when they actually absolutely do not. Everybody can be sure to die, so plan accordingly.

        • being “in deep credit card debt” is too late. One should never have swam out this far. Being “a tiny little bit in debt” should have the alarm bells blasting as financing is not self sustaining, “a tiny litte bit” is already much too late already because you’ve entered the spiral

        • student debts - well, not everybody has to study. If you can’t afford it reflect on it, if you really must. And if yes, seek alternatives like leaving the country tht is hell-bent to enslave you in debt if you want to study, find sponsors, arrange it with your expectations about a longer time horizon, etc. You are not able to pay for it? Do not do it! Seek solutions.

    • problematicPanther@lemmy.world
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      11 months ago

      you do realize that bankruptcy does have consequences, right? for one, it’s nearly impossible to find a new place to live if you’ve ever declared bankruptcy. If you work in certain sectors, you can lose your job. if you’re a government worker, you’d lose your security clearance or probably even a public trust. If you lose your job, new companies that might hire you would likely do a credit check for some reason and find you unqualified because of that bankruptcy.

      • neonred@lemmy.world
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        11 months ago

        So it’s double-triple bad to have debt? Then manage the finances, assess the risks, cut unrealistic expectations that will toss you into the debt spiral, because it’s triple-bad. Who is to blame?