Deciding on Bankruptcy
Sunday, November 30th, 2008For consumers that have gathered a very large debt and may not be able to meet their obligations, bankruptcy might be one of the alternatives to investigate. There are a few reasons that might make it sensible to move forward and decide to file bankruptcy. Choosing to file either a Chapter 7 bankruptcy or Chapter 13 bankruptcy could be an option, but this decision is not without the possibility of damage.
The decision to file bankruptcy might be a good option if you have already tried to negotiate your debt. Speaking with your creditors regarding your issue and trying to work out a repayment plan is where to begin. But if they won’t work with you and are demanding payment in full (and you can’t pay them in full), your only option might be bankruptcy.
If the size of your debt outweighs your income then bankruptcy may be your only option. Let’s say you have approximately $500,000 in debt and your monthly payment is around $3500. Now you only have about $100,000 in assets (equity in your home, savings, etc…) and your income was reduced to $2000 a month, your only option may be to consider bankruptcy.
But filing for bankruptcy has to be weighed since there will be damage done to certain aspects of your life. They can include the following:
Some people have a mental and/or a personal impact to their lives. They feel that they have failed and may never have hope of getting their finances straightened out. Each person who is considering bankruptcy needs to decide if this is going to be an issue. Some people have dropped into depression over this and have not ever recovered.
Borrowing money (especially in the immediate future) may be difficult. Many people will not make getting credit easy especially since our society lives on their credit cards. You will need to decide if you can learn to live with out using plastic on a day to day basis.
Your credit report will be severely damaged. The Fair Credit Reporting Act allows for your bankruptcy to be on your credit report for up to 10 years. Additionally, everything included in the may be reported for up to 7 years. This will affect your ability to get new loans and may even affect your ability to get a job. More and more creditors are conducting background checks that include a credit report for the hiring of an employee.
Be sure that if you do decide to file bankruptcy that you obtain and maintain your credit report. Any inaccuracies can affect you negatively, so you will want to make sure that everything that is on your report is accurate. Hiring a company like Ovation Credit can help make sure that your information gets disputed if inaccurate and they can assist you in maintaining that information.
If you are a private person then you may not want to consider bankruptcy since they are a part of public record. Anyone can request a copy of the filing and review that information. This is not normal but you should be aware of the possibility of your private bankruptcy becoming public information.
Obtaining a loan for a car, house and other unsecured debt could cost you more money. Many lenders will want to charge a higher interest rate or expect a bigger down payment to reduce their risk. This cost you quite a bit of money depending on your loan agreement.
It also costs money to file a bankruptcy and if you hire an attorney (and I suggest you do) it could cost you even more. You have the right to file a bankruptcy on your own but getting past all the hurdles that your credits could throw your way, it would be wise to have a professional dealing with those issues. An attorney (experienced) can be a wealth of knowledge and information and compared to the cost of one mistake it could be well worth your money to hire an attorney.
Before you make any decisions it would be wise to try everything and speak with everyone. Consumer Credit Counseling Service might be a good place to start. Then speak with an attorney to discuss your individual situation. Remember what might be right for someone may not be right for you.


