Deciding Whether or Not to Declare Bankruptcy
If you've found yourself facing severe financial problems, you
might be considering filing for bankruptcy as a way to take care
of your debt. It's important to remember that the process of
filing for bankruptcy isn't an easy one, and that it should be
used only as a last resort... after all, the effects of a
bankruptcy filing can take several years to pass completely.
Below you'll find some information on exactly what bankruptcy is
and what it isn't, as well as some alternatives to bankruptcy,
so as to assist you in making the difficult decision as to
whether or not you should declare a bankruptcy.
What Bankruptcy Is
Bankruptcy is a legal filing, making an official statement that
you are unable to repay your outstanding debts and asking the
court system to intercede on your behalf. The bankruptcy laws
vary from country to country, but they are similar in that the
court will generally appoint a mediator to create a repayment
schedule for some of your debts and erase or reduce others.
Payments are generally then made to the court, often in the form
of wages that are withheld from your salary or paycheque, and
continue to be made until the agreed upon amount has been repaid
in full and the bankruptcy is discharged.
What Bankruptcy Isn't
Contrary to what many people believe, bankruptcy isn't a simple
means of erasing your debts and starting over. While some debts
will be negated by the court, many of those that you claim in
you filing will still need to be repaid... and the court will
see to it that they are repaid per the schedule that was created
by the mediator. There are also additional fees that must be
paid when filing for a bankruptcy... attorney's fees, court
costs, and other fines that are imposed to help prevent the
bankruptcy system from being abused.
Bankruptcy can be quite expensive, and it can be nearly
impossible (and in some cases restricted by law) to get any sort
of credit or financial account until well after the bankruptcy
has been discharged... which may take up to seven years.
Looking for Alternatives to Bankruptcy
A variety of alternatives to bankruptcy exist, though they may
vary depending upon your location and your financial situation.
Common bankruptcy alternatives include debt consolidation loans,
in which a sum of money is borrowed and used to repay older
debts that have become overwhelming (and leaving the borrower
with only a single monthly payment as opposed to multiple
payments), or credit counseling, in which a third-party agency
negotiates settlements with some of your debtors and assists you
in creating a budget so as to repay what you owe.
Other alternatives also exist, though you should always exercise
caution when considering them... if any service claims that they
can instantly repair your credit score or payment history, you
may not only be looking at a scam but also at activities that
can get you into legal trouble as well.
When Bankruptcy Is Best
Bankruptcy exists so as to help those individuals who have no
other options. If you find yourself in a situation where you can
find no other alternative and are on the verge of losing
everything that you have, you might want to consider looking
into a bankruptcy filing.
Consult an attorney in your area and see what advice they can
offer you, and learn what your options might be to help protect
some of your property and take care of your problems once and
for all.
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