A record number of people were declared insolvent last year as the recession pushed many homeowners and businesses into the red, new figures revealed today. Across England and Wales, 134,142 people went bankrupt, took out an Individual Voluntary Arrangement or Debt Relief Order in 2009, the Insolvency Service said. This dwarfs the previous record of 107,288 personal insolvencies from 2006. Experts believe this had already been passed by October last year.

Total company liquidations reached 19,077 during 2009, the highest figure since 1993. But the number for companies in the final quarter of the year was lower than both the previous three months and the same quarter of 2008. In contrast, the level of individuals declared insolvent continued to speed up in the last quarter at 35,574 – the highest since records began in 1960.This is a 25 per cent rise on the figure for 2008 and the eight consecutive quarter where the tally has increased.

A breakdown of the total number of insolvencies for the final three months of 2009 showed 17,007 people went bankrupt, 7 per cent fewer than in the previous quarter. But a record 13,219 people took out Individual Voluntary Arrangements, under which interest on debt is frozen in exchange for a set amount being repaid each month. It is thought IVA numbers were boosted by companies cutting staff pay and overtime as an alternative to making redundancies, meaning people were in a position to repay some of what they owed, rather then being forced to declare themselves bankrupt.

There was also a further increase in the number of Debt Relief Orders taken out in the three months to the end of December, with these rising to 5,348, up from 4,505 in the previous quarter. Both chapter 7 bankruptcy and chapter 13 bankruptcy therefore continue to rise.

As consumers across the land continue to struggle, we continue to look for signs that an economic recover is at hand, budding, and springing forth.

Nowadays it seems everyone from big business to celebrities is filing for bankruptcy, either chapter 7 bankruptcy or chapter 13 bankruptcy. While major corporations are getting government bailouts with our tax dollars, wouldn’t it seem fair if we could get a bailout too?

Sure, you can file for bankruptcy and have many of your debts cleared off your books through a bankruptcy discharge. But, how do you know if you need to file for bankruptcy? At what point do you throw up the white flag to your creditors and declare bankruptcy? Here are 10 signs that are strong indicators that you may need to file for bankruptcy:

1. You’ve depleted your savings and are considering cashing out your retirement savings to pay your bills; 
2. You’re living on credit cards and your debt increases rather than decreases each month; 
3. Your family has given you loans or bought you food; 
4. You’re behind on your rent or mortgage, or are in foreclosure; 
5. You’re anxious when the phone rings because the only calls you get are from debt collectors; 
6. You can only afford to pay the minimum payments on your debts and have high interest rates; 
7. You’re using the legal loan sharks at those payday advance shops to get cash; 
8. You know you have a lot of debt, but don’t exactly know how much and you’re afraid to look; 
9. Your car is about to be repossessed; 
10. You’re being sued and you know you cannot afford to pay for any judgment.

If you, or someone you know is experiencing extreme financial hardship during these challenging economic times, it’s important to take action sooner rather than later. The sooner you discuss your situation with a trusted authority, like your local bankruptcy lawyer, the more likely you will be able to have your debts discharged without having to go broke doing it. This means that you can save your retirement for retirement and still get out of debt.

As the economy is in a period of recession, insolvency has become more common. In reality, over 1 million Americans nationality holder filed insolvency in 2007. It is a financial state that often precedes bankruptcy.

Chapter 13 and chapter 7 bankruptcy is a lawfully declared situation in which a person or business becomes insolvent; it means that they are not in a position to pay their creditors. There are several causes of insolvency; among them is an uninsured chronic disease, which requires to be hospitalized for a certain period of time.

Debt is a part of life these days, but excess of debt can make life complicated to enjoy. There are two potential solutions to get independence from this trouble and get rid of your financial worries. It includes submitting file for insolvency and negotiating with Debt Settlement Company. Before you choose any option, it is important to know the pros and cons of using a debt settlement company versus filing for insolvency to alleviate your financial misery.

Negotiation with Debt Settlement Company is the first solution after personal insolvency, and there are some factors that will examine whether negotiation with debt settlement companies is right or wrong. You need to see your monthly income; if it is more than your essential living expenditures, debt settlement may help you to resolve your financial crisis. You must ask each debt settlement company about their unsecured debt balance necessities to decide which debt arrangement company is right for your circumstances.

Look for honest debt settlement companies because you cannot bear any more shocks at this stage. You need to look at the fee which must be reasonable according to the amount of services rendered. You have to find a company who has a strong record of efficiently negotiating with the creditors. You have to make your mind and get yourself ready to accept the disadvantages of debt settlement programs such as the increased creditor calls, lawsuit initiated by creditors, tax troubles etc.

You may discuss your financial problems with a legal representative who have specialized in bankruptcies. A legal representative can prove to be a strong hand, in order to get independence from your all financial worries.

An IVA (Individual Voluntary Arrangement) is a kind of debt management plan set up to deal with personal debt and with the issue of personal insolvency. The needs of one individual may be vastly different from the needs of another. Any IVA help given must take into account the vast nature of the situation, in which people find them.

Another simple solution for personal insolvency is filling for bankruptcy. You can determine whether filing for bankruptcy is a better solution as compared to other solutions. When other kinds of debt settlement plans fail, one is left with bankruptcy filing as the only option. It is a legal process that gives you the option of declaring your current financial position through a court case. In filing the petition, there are a number of chapters under which you can file your case, depending on your ability to repay the debts.

Private debt management companies are the areas of economy that are doing well even in the recession. Debt solutions, such as personal bankruptcy, Individual Voluntary Arrangements and debt management plans are proving to be extremely acceptable by the debtors. Debt solutions help people to either manage or write-off debt, as well as help to prevent creditor harassment.

Declaring chapter 13 or chapter 7 bankruptcy brings relief to those who have been in a situation where they are unable to meet payments and have creditors on their back all the time. For some people, it truly is the only possible way out of a dire financial situation. But it does have drawbacks as well and these should be considered before you decide you are definitely declaring personal bankruptcy.

First of all, declaring personal bankruptcy will leave you with a tarnished credit record. Your bankruptcy will show on file for ten years and you may find it almost impossible to obtain credit. And even in situations where you are able to get credit, you will find that the interest rate you are offered, as someone deemed a high risk borrower, is very high. While you can indeed build positive credit back up, you should bear in mind that the first couple of years following your bankruptcy in particular could be incredibly difficult for you.

You should also consider the fact that bankruptcy, even chapter 7 bankruptcy, does not eradicate all types of debt. In particular, you will find that almost invariably, student loans, alimony, outstanding taxes, child support and criminal fines will remain outstanding even after bankruptcy. If this type of debt makes up the bulk of what you owe, then there is a real possibility that bankruptcy would have very limited benefit for you.

You should also bear in mind that your possessions and assets may be at risk. Of course, most people who reach the stage of declaring personal bankruptcy have very little in the way of high value possessions and assets, but you should be aware that they could be seized in contribution to repaying what you owe. Bear in mind too that you are not guaranteed that your home is safe. It’s most probably exempt from being seized but check with a lawyer. This will depend on the homestead exemption in your particular state and on the value of your home.

Part of our job is to educate those clients that come to meet with us regarding myths surrounding bankruptcy. This seems to be the case particularly for Chapter 13. What most clients do not realize is that Chapter 13 can be a very powerful tool in dealing with debt that is otherwise not dischargeable in Chapter 7 bankruptcy.

Taxes

If you owe non-dischargeable tax debt, Chapter 13 can be a great option to have up to 5 years to repay the debt interest and penalty free. This allows you to repay the IRS on your terms – not theirs.

Curing arrearages on mortgage and cars

Chapter 13 is a good option for those clients that are behind on their home or car payments. Chapter 13 will allow you to “catch-up” and make up those payments during your plan. If you financed your vehicle more than 910 days ago, we can also “cram down” your vehicle, meaning, you only have to pay back an amount equal to the current fair market value. Regardless of when you’ve purchased your vehicle, Chapter 13 will allow you to lower your interest rate on vehicles (generally between 5-6%).

Lien Strip

This is probably one of the most compelling reasons to file for Chapter 13. If the fair market value of your home is less than the value of your first mortgage, hence leaving your second mortgage wholly unsecured, Chapter 13 allows you to “strip” the second mortgage. After completion of your Chapter 13 plan, you can keep your property subject only to the first mortgage. For example, let’s assume Bob has a home with a first mortgage of $400,000 and a second mortgage of $200,000. The current fair market value is $300,000. He can file for a Chapter 13 and strip the second mortgage. After 5 years, he will be left only with the first mortgage on his home.

One of the most common misconceptions about Chapter 13 is that the Debtor will be required to pay back all of his or her debt. Not true. Most often, the Debtor will end up paying as low as 0 – 5% of the unsecured debts (such as credit cards, medical debt, etc.) How much you will end up paying into the plan will depend on several factors including: 1) income, 2) expenses, 3) unexempt assets, 4) secured property, and 5) priority debt.

Disclaimer: The information contained in this newsletter is informational in nature and not legal advice. You should consult with a lawyer about your specific circumstances.