To file for Bankruptcy or not?

Question

Can anyone explain to me how the bankruptcy law works in the USA. what does it really entail and how long after that can you be credti worthy again? IS this a good idea or its just an easy way out with hidden, much more serious connotations?

Answer 1

I've filed bankruptcy AND I've worked in the legal field. A lot of people think that the bankruptcy is "gone after 7 years" when in reality and legally, it can stay on your credit report for 10 years or more. There are SO many things that happen with bad credit. I'll give you a for instance - our scenerio. We needed a new car. We got a high risk car loan. We bought a used car with payments of almost $400.00 a month. It was the only car loan we could get. We had trouble finding an apartment because they check credit. When we did find an apartment, we got sacked with the highest security deposit they could legally charge because of credit. Employers will check your credit too. Some people have said they get requests to sign up for new credit cards after bankruptcy. We probably got some too - but they have a hitch too.
Now, on the other hand, we had taken care of old credit cards and all so that took nasty phone calls away and I didn't have to worry. But years later, life took another turn and did a double whammy on us. So we are back in the same position (not because of credit cards - we don't have any) -- but just a whole bunch of bad stuff. When bad stuff happens and you have bad credit, you can't get help. Things get worse and worse. This is how the "poor get poorer."
If this is your only option, be thankful that it is there and you WILL be relieved in the beginning after the hearing is over. Remember, if you are in that much trouble with debt, your credit is going to be bad anyway - even if you didn't file bankruptcy. The bankruptcy will take care of all that other stress. I'm sorry you are going through this. I honestly mean that - because I KNOW.

Answer 2

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RE To file for Bankruptcy or not?

Can anyone explain to me how the bankruptcy law works in the USA. what does it really entail and how long after that can you be credti worthy again? IS this a good idea or its just an easy way out with hidden, much more serious connotations?

Answer 3

Well, to answer your initial question of whether you should file bankruptcy or not is really up to you ultimately. I wouldn't advice it if your debt is less than 10K as generally a consolidation could get you out of the hole on that issue and you can rebuild your credit. The next issue since the laws have changed, do you qualify based on the income guidelines for your household? Chances are, it sounds as if you do, but then I don't know what you make or how many are in your household. Secondly, it's gonna cost you a grip to file now as what used to be $300-$500 to do several years ago will easily cost you $1500 or more. Plus you'll also have to seek credit counseling before you move forward in the process. As to your reference regarding the 7 yrs., it's not necessarily automatic as they go on the last date of activity on the account. This is how the creditors get you and have the ability to extend that 7 yrs. to an eternity. Now, you can always dispute any issues you have on your credit report, so don't be afraid to do so. They have to send you an address and contact number of the creditor within a reasonable amount of time or the credit bureau has to remove it from your credit report. Many people don't know this, but it's how so many people are able to have some things removed, because they fail to research the info in a timely fashion. This can be good for you if that's the case otherwise you may be stuck with some things on the report. I hope this helped. Good luck!

Answer 4

Depending on how you file bankruptcy will determine how quick you can out from under debt. Chapter 7 will cancel out your debt and Chapter 13 is where you pay back a portion of your debt over a period of time. Both bankruptcies will be on your credit for 7-10 years. Make sure that this is a last resort. It will be hard for you to get credit at some places until the bankruptcy is off your credit. Chapter 7 is an easy way out because you don't have to pay anything back. But since last year the laws have changed and gotten harder on individuals trying to file. You really need to check with a bankruptcy lawyer. Most of them offer a free first consultation.

Answer 5

Its like this- If you file bankruptcy, you still owe the money. Most times the bad debt is charged off after 3 years or so and usually eliminated completely after 7 years. If you do not file for bankruptcy, you still have half a chance to eventually pay your bills and rebuild your credit. If you file bankruptcy, you are stuck for at least 7 to 10 years before you can get credit again. You are better off just waiting out your creditors before the debt is removed from your credit report.



Bankruptcy is good only if you are in danger of losing your assets or your business. But if you have debts from credit cards, medical bills, etc. then you are better off either trying to pay your bills off one at a time or waiting 7 years for the debt to be forgiven.

Answer 6

there are different chapters in bankruptcy. You need to read up on the different kinds. I make loans every day with people that have filed bankruptcy at one time or another. For the home owners that I have helped it hasnt effected there rate if the bankruptcy has be discharged.

Answer 7

It is the easy way out for people who are mostly irresponsible. You shouldn't buy what you can't pay for! The only thing you should put on credit is your house, everything else is cash only! You bought it, now you pay for it! Why should I have to pay extra fees and costs because you and others are to selfish to be responsible for your own deeds? Pay your bills!!!

Answer 8

I don't know exactly how it works nor can I tell you how long it will ruin you credit. What I can tell you is that it is a bad idea. Don't do it if you have a choice in the matter. It ruined some of my friends.

Answer 9

Well in my opinion bankruptcy gives people an easy out of their spending problems. I think you are closely scrutinized in your spending habits and watched closely.

Answer 10

Try to work with your creditors, I called each of them up and they offered to drop all annual and finace charges to help me pay them off that helped me big time. However once they do that for you they shut down your account so you can not add any additional charges.