For those who are in debt, bankruptcy is often the last resort to get out of the bad financial situation. There are many alternatives, such as debt management and settlement, that a person should explore before making the choice to file for bankruptcy. Though bankruptcy can help solve a person’s financial problems, it can also have long-term effects.
Bankruptcy should only be considered when an individual has become insolvent and is not able to make debt payments. In many cases, this happens when a person becomes permanently disabled or is unemployed for a long period. Though it is relatively easy to do, filing for bankruptcy should be considered as the final solution after all other actions have failed because it is not the easy road one may expect.
During the bankruptcy filing process, individuals must reveal their entire financial history, which will be reviewed by a judge and is subject to objections by creditors. Some people have lost friends and business associates due to filing for bankruptcy. A person’s name and reputation can be tarnished, making it difficult for the individual to start over once he or she is debt-free. When they undertake the bankruptcy process, people should be prepared for their financial lives to be exposed.
Even those who are successful in their filings will experience long-term effects on their financial situation. These include immediately turning over credit cards that have balances and facing closure of other credit card accounts. After bankruptcy, individuals will find that it is nearly impossible to get a mortgage loan, lease or finance a car, or get any lines of credit. Those who do find a lender willing to extend a loan will find that the interest rate is exorbitant, making the loan less than attractive.
Though bankruptcy may be the solution to erasing some debts, it will not wipe out all of them. Debts like student loans and back taxes are not protected under bankruptcy. Therefore, individuals will still need to pay off these according to the existing terms. In addition, individuals may have to forfeit assets such as second residences and possibly even the automobile. Other items subject to surrender may include jewelry, recreational vehicles, and collectible items that hold monetary value.
Filing for bankruptcy is not free, as it involves attorney fees and court costs. This adds fuel to the fire for a person who is already in a bad financial situation. The negative repercussions extend long past the bankruptcy settlement date. Individuals can be subject to credit restrictions for up to ten years. During this time, they will need to maintain near-perfect credit while rebuilding their credit history.
There are positive aspects to filing for bankruptcy, including stoppage of debt collection efforts. Home foreclosure actions will cease and wages will not be subject to garnishments. The individual will have the opportunity to establish a new credit history and develop good spending habits. Implementation of positive financial changes over the long term will cause the situation to eventually become a distant memory.