Benefits of Bankruptcy
Learn what bankruptcy can do to improve your financial situation.
Filing for bankruptcy is a complicated and emotional legal process. It takes more work and time than most people realize, but it can be the right solution for significant debt issues.
Although bankruptcy sounds daunting, it can be your ticket to fixing your financial situation, saving you from overwhelming debt. In the appropriate situation, you're not just declaring bankruptcy— you are declaring your financial freedom.
The Realistic Benefits of Bankruptcy
You may find that a bankruptcy filing could help you out of a difficult financial bind. Most filers find that bankruptcy's automatic stay eases stress by stopping:
- Harassment and calls from debt collectors
- Debt lawsuits from creditors
- Wage garnishment (creditors taking money from your paycheck)
- Foreclosure (unless the property has already been sold)
- Repossession of some property (in Chapter 13 bankruptcy)
Filing benefits also include:
- Getting rid of many consumer debts, like credit card debt and medical bills (in Chapter 7)
- Protecting some property from being sold (depending on exemptions in your state)
- Putting an end to growing debt
- Giving you a fresh start to turn things around
Is Bankruptcy a Good Idea for You?
The decision to file for bankruptcy is a serious one. Several considerations are worth examining closely before getting started:
- The impact on your future ability to access credit, lenders, or low interest rates
- The impact on your credit report and credit score
- Whether you could lose assets (if you file for Chapter 7)
- Time and expense differences for each form of bankruptcy
- The differences between types of debt, like secured debts and unsecured debts
- Your eligibility for certain forms of bankruptcy
- Whether you can retain specific valuable assets from repossessions (many states have exemptions)
It's critical to consider other impacts when deciding whether to file for bankruptcy or which form is better. Some bankruptcies may:
- Fail to discharge credit card debts
- Impact your pension plans or other assets
- Create financial issues for co-signers
- Stop foreclosure
- Feel like a significant invasion of your personal privacy with the bankruptcy court and working with your bankruptcy trustee
Any of these concerns may impact the provided relief's desirability. But none of these reasons are worse than staying in overwhelming debt or worsening your financial situation. Sometimes, you need debt help and cannot get there alone. Bankruptcy can give you a fresh start. You can work towards your desired financial situation.
What Happens After a Chapter 7 Bankruptcy?
Those pursuing a Chapter 7 bankruptcy should be aware of potential problems or concerns. Many forms of debt cannot be discharged under Chapter 7 bankruptcy, including:
- Government-funded student loans (generally)
- Some forms of tax debt
- Federal tax liens
- Child support
- Alimony or spousal support
- Debts for personal injury or death arising from a motor vehicle accident
- Fines and penalties for violating the law
- Certain tax-advantaged retirement plans
- Cooperative housing fees
Potential applicants for Chapter 7 bankruptcy should know that even private student loans are rarely discharged without a special showing of undue hardship. This can be hard to prove, but it can happen if you become permanently disabled and cannot work.
Solving Bankruptcy Problems
Following a bankruptcy, you may need to correct any inaccurate reports from former creditors. To do this, you'll need to engage in a process with the credit bureau.
You may need to contact former creditors to verify the satisfaction of the debts. Even when these issues are resolved, those who have completed a bankruptcy can still expect to:
- Pay higher credit rates
- Have higher down payments
- Need to produce a co-signer when attempting to secure new credit
These complications are not the end of the world. They may require a mortgage broker when looking to purchase a house.
Have Questions About the Pros and Cons of Filing Bankruptcy? Ask a Bankruptcy Lawyer
Bankruptcy has benefits when you have massive debts you can't pay. You will get a clean slate, and most negative outcomes will fade from your record within a few years. Some filers claim that filing their bankruptcy petition was the best choice they could have made. But whether you should file for bankruptcy heavily depends on the individual. For example, a debt consolidation loan may be the right choice for some but not others.
Teaming up with a local lawyer for your bankruptcy case can help you identify the right choices. An experienced lawyer who knows the bankruptcy code can explain the type of bankruptcy you should file for, bankruptcy laws, and more detailed information about the bankruptcy process. Contact a bankruptcy attorney today and jump-start your journey to debt relief for a brighter financial future.
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You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
Contact a qualified bankruptcy planning attorney to find out your options.