Benefits to bankruptcy
Many consumers do not think of bankruptcy as having any benefits, but that is not true as there are many benefits for consumers who may have no other options. These hardships can be due to many reason such as a loss of a job, cut in pay or loss of a second income. If it is an option you must take, lets go over some benefits to bankruptcy before you file.
Filing for bankruptcy helps remove the consumer from the legal obligation of paying the debts. Some forms of bankruptcy will require the consumer to pay a partial amount of the debt and will also require the courts to audit the consumers income and expenses. Given the consumer is acceptable with this along with it reporting on the consumers credit rating from 7 to 10 years, then filing may be an option for the consumer. Before a consumer files, it's always a good idea to compare debt settlement vs bankruptcy before filing.
We all have had set backs in our lives, we learn and move on. No one is saying that you are running from your responsibilities or that you don’t want to pay your debts, you just need the help and bankruptcy can do that for some consumers. The worst think that one can do is ignoring the debts; if you are filing for bankruptcy you are legally doing something about the situation. Ignoring them can have more dire consequences such as a law suit, garnishment or loss of your home.
Alternatives to bankruptcy
When trying to find benefits to bankruptcy, it's important
to try and go through a debt settlement quote first. A settlement quote may be a perfect alternative to filing bankruptcy. Filing for bankruptcy can be a lifesaver when it comes to your home or car (in some cases); you need your home to live in and your car to survive as well. Chapter 13 allows the consumer to rid themselves of these debts without losing theses very important lifelines. Any bankruptcy lawyer will assist you with which type of filing that you should do in order to keep certain assets. There are many different filings that are very beneficial to each consumer needs. If you are in dire straits and behind on utility bills a bankruptcy will restore the utilities immediately and have them turned back on. Before filing, it's always a good idea to read up on the FDCPA.
Although a bankruptcy can help it will have an extreme effect on your credit score for many years; however as stated early one needs to look at this as a lesson learned and a fresh start. It is important to start establishing credit and keep yourself out of debt. There are many debt counseling centers that will give you the tools that are needed to have a very healthy financial future. Having a plan and sticking to that plan will ensure that you can stay debt free.
Bankruptcy – frequently asked questions and answers
Before entering into bankruptcy we need to educate ourselves on what it can or cannot do to help. Bankruptcy can be a scary move for some people, but if you have no other choice it is wise to understand the process. Bankruptcy is a very final move that cannot be undone, so make sure you understand all that it entails. Below are some questions that consumers frequently ask when looking for the benefits to bankruptcy.
How do I actually file for bankruptcy?
Bankruptcy is a legal action that must be done in a court of law. The court house in your area will give you the documents that you need to file. It is a smart move to get a lawyer that specializes in this type of law because of the confusion that it can cause. You can file on your own but there are a lot of legal documents and you want to make sure that no stones are left un-turned.
Can I keep my home if I file for bankruptcy?
This is one of the more popular reasons that people file for bankruptcy. You are able to file for bankruptcy and in most cases keep most, some or all of your assets. It is mart to look into other option before proceeding because bankruptcy will harm your credit score for many years to come.
When filing for bankruptcy does my spouse have to file too?
Unfortunately this is usually the case, if a spouse file the other spouse must follow suit. Each state is different and the laws keep changing so it would not hurt to ask. However in most cases yes your spouse will have to file as well. The law sees all married people as one unit this is usually the same scenario when it comes to your collection accounts.
Does bankruptcy have a negative effect on my credit score?
Yes bankruptcy is very harmful to your credit, and does linger there for quite some time. If you are concerned with your credit score you should maybe a debt settlement program before bankruptcy. Bankruptcy is a very public action and many people can access the information. Creditors, landlords and employers may find out that you filed and it can affect their decisions when it comes to their interactions with you. Bankruptcies are on your FICO score for about 7 to 10 years so make sure this is a good move for you to make.
Do I have to include all of my debts when doing the filing?
Again, all states are different and may have their own laws. Check and read all documents thoroughly because it should show you all of the laws regarding the state that you are in. Usually the judge will ask you about these options and come up with a conclusion that will be satisfying for all parties involved. As stated earlier most people file in order to write their debts off but keep others so it is possible.