People who are unable to pay their bills on time have the legal option of declaring bankruptcy, which may provide relief. There are benefits and drawbacks to declaring bankruptcy, despite the fact that doing so might relieve an enormous financial load. For instance, even while it might provide you a fresh start, it may be difficult for you to later qualify for new types of credit.
The choice to declare bankruptcy should be thoroughly thought out, taking into account both the advantages and possible relief it might provide. What are the benefits and drawbacks of declaring bankruptcy, then? Learn more.
What happens after you declare bankruptcy?
There are many misunderstandings about what it means to declare bankruptcy, which may result in unwarranted stigma.
For instance, it’s a frequent misconception that people who declare bankruptcy are careless with money. Actually, one of the main reasons for bankruptcy is the high cost of medical costs.
Another myth is that if you declare bankruptcy, you will lose everything you own and won’t ever be able to get credit again. Both of these claims are untrue. Even though you could have to sell some of your possessions, your assets are often protected by federal or state exemption rules, and many people who file for bankruptcy are allowed to reapply for credit.
Your income and the amount of your assets may have an impact on the sort of bankruptcy you are eligible for. You will need to complete a means test, for instance, to establish whether you are eligible for bankruptcy. You could have to petition if you are ineligible..
Advantages of bankruptcy
Although it shouldn’t be done carelessly, bankruptcy may provide customers who are drowning in debt with a much-needed life raft. Here are a few advantages of filing for bankruptcy.
You are given a stay immediately
The automatic stay, a part of bankruptcy law, protects you from the moment you file. Before your bankruptcy is discharged or a repayment plan is established, creditors cannot demand payment for your debts or take any legal action against you.
You’ll feel better about juggling many creditors.
The stress and daunting aspect of managing multiple creditors might be lessened by filing for bankruptcy. In fact, after your debts are dismissed and you are released from part or all of your financial commitments, you could feel instant relief.
You’ll be provided with a court-appointed attorney.
Once you submit your personal bankruptcy petition, a trustee will be appointed to handle your case from filing through discharge. In the event of bankruptcy, they will be the ones to collect and handle your payments. They will act on your behalf throughout the process, managing all correspondence between you and your creditors.
Bankruptcy may stop more legal action
The possibility of being legally absolved of your debt is among bankruptcy’s biggest advantages. Additionally, it could be able to avoid any future legal issues brought on by the failure to pay that loan. Although not all debts may be discharged in bankruptcy, the majority of unsecured consumer debt can.
Some of your assets could be kept
Even if your assets are liquidated under bankruptcy, certain items may be preserved by federal or state exemption rules, depending on where you reside, while you settle your obligations. In bankruptcy, you are likely to be permitted to retain your assets as you repay your debts.
Some unpaid taxes may be resolved
When earnings are being withheld due to unpaid taxes, filing for bankruptcy may be an efficient solution. Some earlier tax obligations may be forgiven in bankruptcy, while the majority cannot be. Your tax obligations must be income taxes and must be older than three years in order to qualify. Payroll taxes and fraud penalties are never eligible for discharge.
A bankruptcy filing might stop a house foreclosure or an auto seizure
Insolvency under may be used to halt or postpone an automobile repossession or foreclosure. Keeping your car may be possible if it qualifies for exemption legislation.
Your obligations could only be paid off for a portion of what you possess
Your bankruptcy case will decide the amount of payment that your creditors must take, which might sometimes mean nothing at all. You could be able to discharge all of your unsecured obligations, including credit card debt, personal loans, and medical debt, provided you meet the requirements for bankruptcy.
