Reader Question: How Do I Know Whether to File for Bankruptcy?
Right now, with all of the economic turmoil happening, it is no surprise that people are increasingly worried about their financial situations. And this fear is what prompted this reader question:
With everything going on, I’m starting to think that bankruptcy may be my only option. I only see myself getting deeper and deeper into debt — especially if the economy prevents me from getting another job. Is it time for me to file bankruptcy?
Obviously, I do not know the particulars. But it appears that there is a dire situation in the making here, and that the reader seems desperate. First of all, it is important to realize that bankruptcy is not always the “do over” that it is often painted as. Recent laws have been passed that require you to pay back more of your unsecured debt than before. And it makes it more difficult to file, with penalties if you “waste” the judge’s time with what is considered an insufficient reason for bankruptcy.
Other considerations that you need to weigh before deciding to file for bankruptcy include:
- The credit score impact, and the fact that the record of the bankruptcy remains for seven to ten years.
- Difficulty borrowing. In the present climate, lenders are reluctant to extend credit, and it is even more difficult for those with a bankruptcy.
- There may be impacts on a personal level with regard to relationships and your own mental and emotional health.
It is true that you will not lose your home through a bankruptcy filing, so that is at least protected. Additionally, your IRA is protected from creditors as well when you file for bankruptcy. Bankruptcy should be the action of last resort, so try financial counseling and talking with your creditors before you take such a drastic step. There are two cases that may mean that you should file for bankruptcy:
- Your liabilities are greater than your assets. If, every month, the payments just to maintain your debt exceed your income and your total assets, you could have a problem. If — even when everything is liquidated — you would still be in a great deal of debt, you should consider bankruptcy. It may be your only way out.
- Negotiation has failed. Most creditors will modify your plans, lower your interest rate or settle for a smaller amount than you owe. If, however, your creditors are unreasonable, go ahead and file for bankruptcy.
Tags: home equity loan, IRA, home mortgage loan, bankruptcy,
second mortgage, debt consolidation, economy



