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 Credit and Debt :  Manage Debt

Bankruptcy

Manage Debt
Bankruptcy: A Last Resort

When repayment of your debts is next to impossible, bankruptcy may be the last resort. Bankruptcy is a very serious financial and emotional issue that you should not take lightly. In addition to making sure you've exhausted all ways of paying back debt to your creditors, you should also consult the advice of a legal professional or financial counselor.

What to Do?

You should consider the advantages and drawbacks before proceeding with a bankruptcy filing:

Advantages:

  • Allows you to discharge most consumer debts.

  • Offers some legal protection against harassment by creditors.

  • Allows you a fresh start.

  • Court may not be able to confiscate furniture, retirement accounts, clothes, home, etc.*

  • Temporary protection from seizure of property, garnishment of wages, or repossession of homes or cars.

    *Each state has different laws governing bankruptcy. Certain personal property such as clothing or homes may be exempt in one state but not another. Check with a legal professional to uncover what the law stipulates in your state.

Drawbacks:

  • Bankruptcy will stay on your credit record for 10 years. It may be difficult to obtain credit in later years.

  • Bankruptcy is expensive. Often a $1,000 just for a lawyer, and at a time when you can afford it the least.

  • Not repeatable. You can file bankruptcy only once every 6 years.

  • Loss of privacy. Your personal finances now fall under court scrutiny and control.

  • Possible loss of major assets.

  • Loss of independence. Emotional fallout from stressful and often embarrassing situation.


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