Things to Consider Before Claiming Bankruptcy


For people in desperate need of financial rescue, declaring personal bankruptcy may be a very real and necessary avenue. Getting into financial turmoil can cause people to consider many different options, though when it comes to your financial future, it's in your best interest to consider the pros and cons of each. Regardless of the form of bankruptcy protection you seek, the process itself can have some significant ramifications, each of which should be carefully considered before a decision is made one way or the other.

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Perhaps the most obvious consequence of claiming bankruptcy is that it will ruin your credit record for many years to come. Although you may already have a lackluster credit rating, filing for bankruptcy will only make matters worse. People that have filed for bankruptcy will tell you that it is almost impossible to obtain credit while the declaration is on your file. Even for those that are able to obtain credit, it nearly always comes at a significant cost. While it's worth mentioning that credit can be slowly rebuilt during the bankruptcy process, it will be an uphill battle until the declaration is removed from your credit report. It's also worth mentioning that declaring bankruptcy won't erase all of your debt. In fact, even under Chapter 7, you are still obligated to pay back a portion of your debt through your non-exempt assets. Personal items of debt such as a student loan, tax payments and child support will still be there even after the bankruptcy process has ended. In other words, if these types of debts constitute the majority of your problems, bankruptcy protection may not provide the benefit you're after.

A bankruptcy will also place your personal assets at risk, and while many people might not have much at this stage due to their financial misfortunes, the little that remains will likely be used to pay down your debt. In addition to your personal possessions, your home may also be at risk depending on the state you reside in, so be sure you have an accurate understanding of the laws and regulations that govern your location.

As with any financial situation you find yourself in, it's important to seek the advice of a qualified attorney, particularly if you think that bankruptcy might be an option for you. A qualified professional will be able to properly assess your financial situation, and can offer the best possible advice.


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