Recovering from bankruptcy isn’t as difficult as you may think

I hear this cry from many people worried about their financial circumstances after they have decided that bankruptcy is their only alternative when it comes to recovering from financial hardship. I’m not an attorney yet I work very closely with them in my real estate business.

On many occasions bankruptcy is leveraged to persuade a bank or lending institution to cooperate with a request to modify a homeowners mortgage or reduce unsecured credit card debt. Also bankruptcy is leveraged to stay (stop) a foreclosure. Many times this works as a strategy; although in certain circumstances it’s the only option.

I speak from personal experience when it comes to this, I had to file for personal bankruptcy several years ago to save my home from foreclosure. I figured since I was able to restructure my debt I would be alright. I went ahead with the bankruptcy filing to save my home from being sold at an auction, little did I know this was the beginning of my financial school of hard knocks.

I wound up not being able to make the payments to the trustee of the courts, which was violating the agreement I had made with the judge. I wound up dismissing my own BK so I could sell my house and make a run with the profits so I could find another place to live.

This is where my story “The Pillars of Wealth” really began. It was here where my eyes really were opened into the financial world and how if you weren’t involved in making the correct choices, you were going to be consumed by it. Take a look at our financial hardships as a Nation currently; our jobless rate and unemployment rates are skyrocketing; our unemployment offices are running out of money.

The “Wall Street/Main Street”meltdown, global economic chaos and crisis. The truth is we have really only seen the beginning. Once the foreclosure moratorium is lifted a new wave of homes and struggling families will emerge as the new generation of victims to this tragedy.

So back to my opening statement with bankruptcies on the rise as more and more families face tough challenges we find our world torn between the rule of 7 to 10 years of derogatory remarks pertaining to bankruptcy, the “taboo” of what bankruptcy means etc…

When making the decision to file you need to find a compassionate attorney, one who actually has your interests in mind not theirs I highly recommend using the “Discount family legal plan of America” through your “First Class FDI Membership”. Of course you can use your own sought out attorney yet with this membership you receive flat rates on Chapter 7 bankruptcy as well as discounted legal advise if you go outside of your free services. I’ll get more into that in another article as for now the recovery from a bankruptcy varies depending on which chapter you file. Chapter 13 is the worst bankruptcy you can file for.

Not only do you have to keep all of your debt, repayment to your creditors over a max three year period. You still have to budget your regular monthly expenses and the new proposed payment for the bankruptcy. Your credit is plagued with the bankruptcy for a period of 10 years instead of seven, you are not allowed to obtain new lines of credit during the repayment and a whole slough of rules to obied by.

With a chapter seven the bankruptcy is on your credit report for a period of seven years and you can start rebuilding after a two year waiting period. You figure out how to recover your finances, plan accordingly, and begin to establish a regular savings and investment account. You can continue to acquire financial stability during the bankruptcy, as long as you do not use credit during the “freeze or cooling” period.

I remember the feeling of receiving my first line of credit after my bankruptcy, the pride and confident feeling of recovery, then within a period of 9 months I had established a second line of credit and then a third. The same thing for my wife, we rebuilt our financial lives back from rock bottom. One line of credit at a time, one dollar at a time.

We knew the true value of credit, making good choices as opposed to running on an empty wallet, maxed out credit cards and the error of our ways (which indecently were mostly my decisions in the end.) I knew I had poor financial skill when it came to managing money long ago, I just never realized what the outcome would be.

My parents (mainly my Mother) spent money she hadn’t even received. I had become to accept this as normal, bankruptcy had happened in my before. Yet as a child I didn’t understand, even as an adult most people know that filing for bankruptcies are not good, many people that have not experienced this cannot relate to the concept.

Your pain is temporary although the pride that gets hurt in the process can scar you for a long time. This isn’t a bad thing and you shouldn’t look at it as one either, take the painful lesson, learn from it, take corrective action steps to change your money psychology.

Remember the path that brought you to this junction in the first place; then as you begin to educate and rebuild your financial security, you will be more proactive in making smarter financial choices. It’s from this point that success develops and becomes habitual for you. This is when you start to shine, choices you used to make seem so trivial.
You wonder why you had ever walked this path in the first place, you realize that your having to have it all now attitude. The “instant gratification mindset” or what I like to call consumerism mindset; you used to have will always tempt you to make impulse purchases, try to get you to blow your money like you used too.

However then the remembrance of your financial trial and tribulation, your onset to bankruptcy in the first place will dominate your feelings and the subconscious mind will usually prevail if you just listen. Otherwise you wind up living the time old phrase that states…

”For those who don’t learn from the past; they are doomed to repeat it.” Look at our current financial situation once more before we go, where do you stand today? Are you thriving or barely surviving? Only you know where you are, only you know how to stop the pain. I can guide you, I can even mentor you but only if and when you are ready.

Seek me out, ask for assistance and you shall receive. In fact coming in August I am releasing my first “financial fitness from financial failure courses” Whether you are looking to gain exposure to new resources to help with your finances, learn new ways to create consistent returns on your portfolio, build a business to invest or get out from under your current financial hardship circumstances. We will have the solution for you.

If you have not taken the time to download my book “The Pillars of Wealth” I suggest you do it now just click on the title above and you’ll be taken immediately to the download page to receive your copy.

If you feel that a book won’t help your situation you should take the few minutes to watch the “Financial Destination Inc.” video, then head on over to the main page to learn all about the Financial Destination Inc., a company dedicated to serving all of your future financial needs and learn what we can offer for you.

I guarantee this is the fastest way I can think of to recover from bankruptcy, financial hardship, all while learning the secrets to being successful with your finances; taking charge and control over your life once and for all, instead of always being the victim.

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The most differentiating factor between purchase money and refinance money is the legal recourse that the institutional lending agencies have against you. You see when you make the original purchase loan for your piece of real estate your agreeing that if you default that you are not liable. The money is what’s known as non recourse (meaning the bank cannot go after you for the lost portion of the principle.)

The first time you decide to refinance your mortgage to lower your rate, modify the principle amount or performing any type reduction in principle you loose the non recourse clause on your purchase money. Now you enter into a recourse position where you become liable for the debt or the offset in principle when you perform a loan modification.

Even on a short sale if you have refinanced and now you are in a position where you are forced to sell due to financial hardship. You are going to receive a 1099 at the end of the year showing you made a gain. Now you are in a position for a lawsuit, taxable events and a whole slough of financial hardships.

The only way to possibly get out of this scenario is if you are insolvent and you can prove beyond a shadow of a doubt that you cannot repay the debt. Now you’re forced into bankruptcy and you now face more financial hardships than you started with.

On the other hand if you are using a purchase money loan and you are forced into the same scenario of a short sale or loan modification you are not on the hook for the banks loss. I’m not saying that you should never refinance but you need to know why. If you are living on liquid equity squeezing every dime out of your home’s equity then you know you’ve created a financial nightmare.

You have been living in a world where money appeared almost magically especially if you lived in California. Appreciation made equity seem as if it was never ending and then the worst happened. Some savvy marketers created an awesome campaign on adjustable loans that enticed people to buy homes far out of reach, created a frienzy of refinances in the market place.

So now you’ve given up your protection from recourse and you are faced with some huge tax burdens. There are only so many chances for finding a way to pull money out of your home. Now that you have run out of equity, appreciation is gone and you’re under water you’re faced with many choices for help.

The one thing thats failed to be mentioned is the TAX consequence. Be aware of your situation and make your financial choices wisely. Seek out the assistance of qualified professionals for guidance. Your financial house must remain in order no matter what. It’s your life and your future why spend it worried about money and consequence when you can worry about the finer things in life.

Tax consequences don’t go away just by ignoring them, the IRS will garnish your wages and that can have an effect on your over all take home pay, your quality of life and even your employment. You know as well as I that Uncle Sam always get his cut first.

Money isn’t everything, however keeping every sliver of it you can is! Wealth is a concept of it’s not how much you make it’s how much you keep. Know your position and tax consequence before you make a choice that can have a negative effect on your life.

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