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Understanding How To File for Bankruptcy: The Essentials

Written by kwall5 on Wed, 27 Jan 2010 00:14:18 GMT

Bankruptcy can provide an enormous amount of debt relief when you get into a substantial amount debt that you cannot pay back. The stark reality is that when you declare bankruptcy your credit is going to suffer, and there are going to be a plethora of negative financial consequences that you may be able to avoid if you can consider some of your other options besides bankruptcy. Most people don’t learn how to declare bankruptcy before they actually file with the court, and it is vital that you don’t become part of this trend before you analyze your situation, and your alternatives to declaring bankruptcy in order to benefit when all is said and done.


The effect a bankruptcy filing has on your credit is perhaps the primary negative ramification of declaring bankruptcy. Having a bankruptcy on your credit report can greatly impact your ability to get the best loans and credit cards for anywhere between seven and ten years. You’ll still be able to get a loan or credit card after your bankruptcy, it just means that it is going to much more difficult to get the best credit cards and loans at the most competitive interest rates. Because a bankruptcy filing carries such negative consequences, it should only be pursued after you at least gloss over the following options, as one of these may work to your advantage if your situation is the right fit.


The initial option has to do with settling your unsecured debts. Most people are surprised to find out that they can even do this, and the truth is that most credit card companies will consider a settlement if the account has been past due for over 120 days. You should be aware that what normally happens during this scenario is that the credit card company sells off your debt to a collection agency for pennies on the dollar, and then the collection agency will try to collect the debt you owed the credit card company. Settling with the collection agency is still a plausible option, and they will most likely take much less that what you owe in total. Your next option has to do with consolidating your debt with another loan, although this is more difficult to do if your credit is already in the tank. You can still go ahead with a consolidation loan though if you can find the right lender who is used to working with people who have poor credit. If you can pay back some of your debt filing bankruptcy may not be the best way to go, and always keep in mind that filing for bankruptcy should only be done when you have run out of other options.


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