The decision to file personal bankruptcy rarely occurs in a vacuum. There are unavoidable situations and circumstances which usually snowball until financial insolvency results. For anyone with a pulse, this situation can be very difficult to handle.
Bankruptcy usually arises out of not only unmanageable planned and budgeted expenses, but unforeseen expenses as well, such as losses arising from natural disasters and medical emergencies. Bankruptcy usually occurs when there is a large amount of debt, sudden unemployment and divorce.
No doubt you have heard a lot of conflicting information about personal bankruptcy. Let’s take a look at some of the myths and facts.
One myth (and one that some of your creditors would have you believe) is that you cannot file for personal bankruptcy. This is certainly a misconception and not true. According to changes made in 2005 by the U.S. Congress, any debtor is allowed to file for personal bankruptcy. State laws govern personal bankruptcy filings, by determining whether the person qualifies for a liquidation of assets or debt reorganization bankruptcy.
Another of the myths is that it is embarrassing filing for personal bankruptcy. Filing for bankruptcy is not as embarrassing or denigrating as when creditors start to hound you. Constant calls from creditors and possibly having your wages garnished are causes for stress and trauma, as compared to when you file for personal bankruptcy.
Filing for bankruptcy allows you to start over for your financial growth and progress, and you should look at it as a reflection of your competency rather than embarrassment.
A third myth is that your credit score will always be bad. True, personal bankruptcy proceedings go on record in your credit report. When it is completed and discharged, that is also recorded, thus wiping out your previous credit record.
Yet another myth is that a person can file for bankruptcy only once in one’s lifetime. This is partly true, to the extent that a person who has filed for a liquidation of assets bankruptcy cannot file for a similar bankruptcy until a period of eight years passes. However, you are allowed to file for a different kind of bankruptcy. This subject will be governed by the law of the state that you file in.
Personal bankruptcy means you lose everything you have is again a misplaced, yet widely held, concept. Bankruptcy laws are designed so that a debtor is able to settle all debts without losing any of their assets. This information can be provided by a licensed state bankruptcy attorney.
Filing for personal bankruptcy is a tiring and difficult process is again a very misguided concept. Anyone can file for personal bankruptcy. Of course, laws do get quite convoluted, and you could certainly use the help of an experienced bankruptcy attorney to make things easier and your filing more reliable.
The decision to file for bankruptcy is never an easy one, and it is even more difficult if you don’t know the facts. If you’re considering this option, read the information above and consult with a qualified bankruptcy attorney in your state.