Welcome! | Ask A Question

 
 
Question

Asked 12/19/2009

How do I know if I should file personal bankruptcy?

How do I know if I should file personal bankruptcy?

 
 
 
 
Answers

Answer 1/2 - Submitted 12/27/2009

This is a big question, however, it boils down to one simple determination. If you are unable to pay your debts and your life is being so disrupted by threats, lawsuits and/or attachments that you cannot function you should consider bankruptcy. This does not mean necessarily that bankruptcy is the only avenue available to you--it's just one option that should be considered. Without knowing all your financial problems it is impossible to say specifically what you should do. For example, if your debt consists of taxes bankruptcy will not get rid of most of them. If your debt consists of credit cards you can negotiate these debts down by just using the threat of bankruptcy. That is, a credit card company will take 25 cents on the dollar rather than get nothing, and most credit card companies get nothing in a bankruptcy because this debt is unsecured by lien or other encumbrance on any of your properties. If your debt is a mortgage, most banks today are willing to refinance your home rather than have it come back to them. Banks are not in the real estate business and they do not want your home---they simply want you to pay for it.
An accumulation of debt sometimes makes the future appear more bleak than it really is. I would suggest that you take each debt you owe and attempt to work out a better pay arrangement with the creditor (even IRS will work with you). After you have achieved the very best result you can with each creditor, you will be in a better position to evaluate your financial picture. If you still cannot meet your debt obligations you can always file a Chapter 13, which is just simply a pay schedule imposed upon the creditors by the Court.
One other consideration is that the Court may not let you file for Bankruptcy. It used to be that if your debts exceeded your assets and you did not have the ability to pay all debts as they came due you were considered to be a proper candidate for bankruptcy. Currently, however, the law prefers the payment of indebtedness over a discharge. This makes it tougher on the debtor but in the end it may save you years of misery. Bankruptcy stays on your credit history for 10 years, and if there is any way to clean up your financial disorder short of bankruptcy you need to seriously make an effort to try it. You won't regret it. Good luck.

 
 

Answer 2/2 - Submitted 12/27/2009

Professionally speaking, bankruptcy is far and away more benficial for the debtor than those "credit counseling schemes". Your credit is just as harmed; andy time a lender has to charge off any principle or interest, your "rating' goes down.
Speak with a BK atty ( though they are hard to find) and make use of the free consulation.
The "law" doesn't have a" preference" of payment over discharge.

 
 
 
 
Answer This Question Now

Type your Answer in the box below and post your answer.

Learn more about how this works

 
 
 

Related Questions (Ask a New Question)

 
Will filing bankruptcy prevent my tax refund from being taken even if only temporarily.?

I know student loans are rarely discharched in bankruptcy unless it would cause undo hardship to repay or if the loan went into default 7 years prior to filing for bankruptcy, both of which apply to me.

See Answers

 
If i'm not filing for bankruptcy, only my husband. will my inheritance be affected?

My husband is filiing for bankruptcy. i am not. i may be receiving an heritance, possibly before the discharge or soon after. will the inheritance have to be claimed to pay back his creditors if it's within the 180 days from filing? he will not be filing any joint debts.

See Answers

 
Ex husband filing for bankruptcy

My ex husband is filing for bankruptcy we had no joint debt and he owns the house which i have moved out of. we are filing seperately for taxes. we had an agreement before he decided to file for bankruptcy to split any tx refund or tax debt. he is now telling me that the court might take his refund...

See Answers

 
Related Questions

Will filing bankruptcy prevent my tax refund from being taken even if only temporarily.?


I know student loans are rarely discharched in bankruptcy unless it would cause undo hardship...

 

If i'm not filing for bankruptcy, only my husband. will my inheritance be affected?


My husband is filiing for bankruptcy. i am not. i may be receiving an heritance, possibly...

 

Ex husband filing for bankruptcy


My ex husband is filing for bankruptcy we had no joint debt and he owns the house which i...

 

If you file for bankruptcy what, if any, tax implications are there?


If someone is filing for bankruptcy, are you taxed on the property that you claim in the bankruptcy,...

 

How do you do a self bankruptcy filing?


So since you can file bankruptcy for yourself, how do you do it? it has to be done in exactly...

 

What is a quitclaim when filing for bankruptcy?


I am filing for chapter 13 bankruptcy?

 
 

See more Bankruptcy questions

 
 
 
 
 

Ask A Question

Ask a new question about
Bankruptcy: