| Key Disadvantages of Bankruptcy |
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| Written by Chris Blanchet |
| Wednesday, 08 July 2009 10:42 |
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Without fully understanding the disadvantages of bankruptcy, a lot of people will file for the "protections" it offers. In most cases, filers believe that bankruptcy clears the slate. Without a complete knowledge of bankruptcy provisions, a lot of borrowers actually find themselves in a deeper financial rut than before they filed. After all, as a last resort, bankruptcy was created to penalize everyone involved, including you. With that in mind, you should have a thorough understanding of the disadvantages of bankruptcy before you file.
Without fully understanding the disadvantages of bankruptcy, a lot of people will file for the "protections" it offers. In most cases, filers believe that bankruptcy clears the slate. Without a complete knowledge of bankruptcy provisions, a lot of borrowers actually find themselves in a deeper financial rut than before they filed. After all, as a last resort, bankruptcy was created to penalize everyone involved, including you. With that in mind, you should have a thorough understanding of the disadvantages of bankruptcy before you file. As a leading disadvantage of bankruptcy, the fact that a discharge will not always clear all debt is one that is often overlooked by borrowers. That's right; in some cases, even after a trustee has liquidated your assets and repaid creditors, you could still owe others whose debt was exempt from the bankruptcy discharge. Your property will be sold by the trustee. In some cases, your debts that couldn't be repaid after the distribution of assets will be discharged. Any inheritance that you get after filing for bankruptcy can also be considered property and can be used to repay creditors. Where Chapter 7 is considered, you will need to be committed to your decision for at least seven years. This is because a bankruptcy discharge is irreversible, meaning you cannot repay any unpaid debt after the bankruptcy has been discharged. As a result, your credit score will suffer and most lenders will not entertain granting you additional credit, even if you have the means of repaying that credit several times over. You can file bankruptcy for any amount of debt. The minimum period between two chapter 7 bankruptcies is six years. Many filers often overlook the fact that the process of filing for bankruptcy will take a psychological and physical toll. For most people, filing for bankruptcy takes a tremendous toll as the bankruptcy seems to constantly follow them. For many, the stress of bankruptcy leads to marital problems, including divorce. In some cases, this can deepen the financial strain of a discharged bankrupt, leaving them feeling even more defeated or beaten. Remember, six years must pass before the next bankruptcy filing. Relationship stress can cause problems with social circles and not surprisingly, bankruptcy also increases the likelihood of alcohol abuse. The feelings of loss are rather strong in those who have gone bankrupt. Due to the mental trauma, it can become extremely difficult for you to manage normal family and social life. There can be serious differences between spouses. The persons will also find it difficult to get along with friends because of feelings of shame and guilt. There are some advantages for persons in serious debts. However, for most people, they can get along without filing bankruptcy. There is a mandatory credit counseling three months prior to filing bankruptcy. This will help the persons find ways of managing their finances. File for chapter 7, only if you know as last resort. It is the option that makes better financial decision. If the advantages outweigh the disadvantages of bankruptcy, only then should you go for it. DISCLAIMER: This article is provided as information only and is not to be taken as financial advice. Chris Blanchet is the author of Help Fix My Finances, an e-book about legitimately taking back control of your personal finances. He also maintains a debt-free blog, How To Repay Debt.com. |
| Last Updated on Thursday, 09 July 2009 08:58 |