Personal - When Filing Bankruptcy
Isn't the Answer
If you feel like you’re hopelessly buried in debt and you have very
few assets, filing for bankruptcy may not be the answer to ending your
financial problems. In fact, it may make them worse.
If you’re unemployed, on public assistance, have little or no money
in a bank account, don't own an automobile, or rent or live with others,
filing for bankruptcy may do little to improve your financial situation.
If you’re already behind on payments to your creditors under these
circumstances, you may not even need the protection bankruptcy may
provide.
Creditors can’t strip you of your living necessities and can’t
collect any money from you to pay off your debt if you don’t have it.
They could try to sue you but will be wasting their time if you can’t
possibly pay them. Additionally, any public assistance you may be
receiving is untouchable by creditors.
If you don’t own a home or car that could be seized to pay off your
debts, creditors have even fewer options available to them to collect on
your debt. They can’t send someone to remove your personal belongings
and can’t even get you sent to jail for failing to pay off your debt.
You only risk a jail sentence if you neglect to pay taxes or child
support.
As crazy as it may sound, if you find yourself barely scraping by and
you have no assets that could be seized, don’t do anything about your
debt. If you can’t afford to pay your debts any longer you should at
least focus on paying your living expenses. Bankruptcy may cost you
hundreds of dollars that you simply can’t afford in your present
financial situation.
Bankruptcy may also be more damaging to your credit report than
missing payments to your creditors. A bankruptcy will put a black mark
on your credit report for 7 years under Chapter 13 bankruptcy or 10
years under Chapter 7 bankruptcy. Any unpaid debts not wiped away by
bankruptcy will be automatically considered uncollectible after several
years and should be taken off your credit report in 7 years.
In the years you may wait for your debts to be considered
uncollectible, you may find yourself dealing with a lot of angry debt
collectors. Although filing for bankruptcy can help get these people off
your back, filing for bankruptcy isn’t the only way to stop their
harassment. The Fair Debt Collection Practices Act (FDCPA) and several
state laws are already set in place to protect you from abusive and
harassing debt collectors. Contact the attorney general in your state if
you think debt collectors are illegally harassing you.
Before you have to deal with debt collectors, try negotiating with
your creditors directly. If you can convince your creditors that you may
not be able to continue making payments you may be able to negotiate for
lowered monthly payments, lowered interest or even paying less than you
owe to wipe out your debt. Most reasonable creditors would prefer to
collect a partial debt owed instead of nothing. If you can afford to
make the agreed upon payments you could save your credit rating as well
as your finances.
Bankruptcy is just one of several options available to you if your
finances are on the verge of collapse. You will have to determine if
bankruptcy is right for your own particular situation and, if not, what
you need to do to get your finances back on track. The decisions you
make will impact your financial future for many years to come.
cashbuzz.comJohn Campbell is the writer and
editor of CashBuzz, A financial portal for the rest of
us. Check out
cashbuzz.com for the latest articles on money
management and tips and tricks that can help improve
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