Bankruptcy - What You Need To Know Before Filing For Bankruptcy


Bankruptcy has become a kind of "quick fix" for debt that has gotten out of hand. Many people think it is easy to wipe the slate clean and get rid of debt by going bankrupt. It isn't that easy, however, and it should only be used as a last resort.


The actual procedure for filing - the paperwork process itself - is relatively simple, but it goes beyond that. You'll need to be able to justify the reason for bankruptcy, which will open your financial history for inspection by the courts. It will also be open to objections from your creditors, who obviously have an interest in stopping you from declaring bankruptcy.


There are also several long-term effects that bankruptcy can cause. Any credit cards that have balances that are wiped out by the bankruptcy will obviously be cancelled, but any other credit card accounts you have will likely be closed as well.


You will find it difficult to qualify for loans for a home, car or other large purchases. If you are approved, it will likely be at interest rates that are much higher than the norm. Not all debts are cleared by filing bankruptcy, either. Student loans, outstanding tax bills (within the previous 3 years) and a number of other forms of debt will be exempt, leaving you with those payments even after going bankrupt.


A bankruptcy will remain on your financial record for 10 years, during which time you will find it difficult to qualify for any kind of financing, even if you keep a perfect credit record during that time. A bankruptcy is generally viewed as a particularly bad mark on your credit score - more so than a low FICO score, late payments or other problems.


There are cases where bankruptcy is the best solution, however. It will stop debt collectors from hounding you (provided they receive the proper notification), any foreclosure proceedings will be stopped and your wages can not be garnished.


If credit card debt is partly to blame for being in a position of bankruptcy, there can be another hidden benefit. Because you won't be able to qualify for credit cards after a bankruptcy, you will be forced to stop spending irresponsibly since you won't have access to any credit cards.


Making the decision to declare bankruptcy can be painful, but if it is inevitable, the sooner you can get it done the better. It will ease the stress of dealing with unmanageable debt, and you'll start to build a new credit history to replace the old one.

5 comments:

  1. Although it's possible to file for bankruptcy on your own, it's better to avail legal support from a bankruptcy lawyer. If you do decide to get a bankruptcy lawyer, it's important to know the fees you need to pay him/her for representing you in court, since their fees differ according to the lawyer's field of expertise. Some bankruptcy lawyers have experience handling different types of bankruptcy filings and can handle the different facets of bankruptcy proceeding efficiently. Just remember to look for a lawyer who has significant experience in the field.

    Alana Elderkin

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  2. When you have a large amount of debt and you can think of a solution to pay it within the set due date, filing for a bankruptcy chapter 7 would be the best option to go for. Why? Because it saves you from thinking about your property from being taken away by the creditors, and you can focus to pay the amount of money on the set period of time.

    Allan Morais

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  3. Transferring an asset out of one’s name is a common mistake people make when filing for bankruptcy. This is actually illegal, but a competent bankruptcy attorney can discuss with you how to legally protect your assets that might otherwise be at risk. It will be crucial that you tell your lawyer everything that he or she needs to know, so that the lawyer can plan accordingly to ensure your protection.

    Louisa Matsuura

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  4. Filing for bankruptcy is one of the toughest decisions to make ever. It's as good have having no choice. A tough mind is needed in situations like that and it's better to have a lawyer to help you to decide what to do next.

    Jaden Allred

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  5. I second Louisa. Being completely honest with your bankruptcy lawyer will help him or her better protect you and your assets. This is, of course, considering that your lawyer is a competent and experienced lawyer who specializes in bankruptcy cases.

    - Tracy Pierre

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