Tuesday, October 28, 2008

What Happens During A Proposal or Bankruptcy

By C R Bolden

During a bankruptcy or Proposal, you'll receive counseling to help you rebuild your credit. To improve your credit, it helps to have a stable employment history, and evidence of a stable or growing income, the ability to save or accumulate assets, and the knowledge of how to manage money effectively. Having a co-signor also helps, as does adhering to all your credit contracts, such as paying your car loan or lease, making mortgage payments, etc.

If your debt payments are significantly in arrears, the credit bureau has probably already been notified. However, when a bankruptcy or Proposal is filed, the credit bureau is notified again. A first-time bankruptcy stays on your record for seven years, and a second bankruptcy for 14 years. A Proposal stays on record for three years after you've paid off your debts. This means you'll have to prove your ability to pay before you can get credit again.

Paying every bill on time is a good start so you don't have any more hits on your credit. But banks are much more anxious to get you back borrowing than they used to be. You may even receive credit card offers in the mail while you are still in bankruptcy. Many people have purchased homes within 2 years of filing bankruptcy. My advice though is just to use your checking account debit card for internet purchases and travel and avoid getting back into the credit card trap.

In the past, it was difficult to gain credit after filing bankruptcy. That has changed. After bankruptcy, you should make every home, car, and other installment payment on time. You have to use credit to build credit. Just be very careful as you build your credit, as many people will try to lend to you immediately after bankruptcy. Buying a Home: It is possible to purchase a home right after bankruptcy, although the interest rates tend to be higher.

Although bankruptcy may be legally reported on your credit report for up to 10 years, you can begin to reestablish your credit immediately after your bankruptcy discharge. In fact, it is likely that pre-approved credit cards will arrive within weeks of a bankruptcy filing. However, borrowers should wait 1-2 years before obtaining credit cards, car loans or a mortgage to avoid higher interest rates.

Bankruptcy is a legal process administered pursuant to the Bankruptcy and Insolvency Act. This procedure, on the most part, will discharge you from all your debts and stops all legal proceedings instituted by your creditors. The Bankruptcy and Insolvency Act gives you a chance to rehabilitate.

The credit bureaus will normally keep a record of the consumer proposal for a period of 7 years and will list you as an R9 during the proposal. Once the proposal has been completed the credit bureaus will list you as an R7 for the remainder of the 7 year period. Bear in mind if you do not pay your debts you may end up at R9, and remain there for longer than 7 years.

A proposal is an offer made to the creditors of a certain percentage of the debts. The creditors must vote on the offer, according to the process of the Bankruptcy and Insolvency Act and to be accepted, we must have the majority of votes in favor of the proposal. Upon acceptance, all the creditors are bound by the proposal. So to sum this article up, just be careful how you handle your funds then your credit situation will be something you wont have the time to worry about. - 15465

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