The Pros And Cons Of Bankruptcy

It is important to understand what the pros and cons are before following through with a bankruptcy filing:

Positive Aspects

1. You get a clean slate. Depending on the type of filing, your existing unsecured debts are forgiven and payment schedules for secured debts like mortgage are created to facilitate making the payments.

2. It stops the harassment. Creditors and collection agencies love to call day and night demanding their money and this can leave you feeling overwhelmed. Once your filing is in place, they can no longer harass you. All communications will go through the court or your attorney.

3. Save your home from foreclosure. Because a plan is devised to make payments that the bank, the court and you agree to, you don't have to lose your home, car and other items that are essential to daily living.

4. No more credit cards. All of your credit accounts are closed so the temptation is eliminated. Now you have the opportunity to new learn a new way of life that will benefit you once you are allowed to apply for credit again. You learn to budget and save for big purchases instead of charging it.

Negative Aspects

1.Your credit is shot. For 10 years, your bankruptcy will be a red flag on your credit report. It can prevent you from getting a job, buying or renting a home, buying a car, getting insurance and definitely no lines of credit.

2. You lose all of your credit cards. It will take many, many years to rebuild trust with creditors before you will ever get another card. This is not necessarily a bad thing, but in a society that deals with plastic, it can hinder certain purchases. Along with credit cards, you may have other non-essential items repossessed and sold by the court to cover some of your debt.

3. It becomes public knowledge. There is a stigma attached to the word bankruptcy and if you file, a public notice must be placed in the local media for all to see. No matter how you got in this position, people will make their own assumptions.

4. Not all debts are discharged. Your student loans and back taxes are not discharged. If you want to keep your home, you devise a payment plan to keep it.

No matter how you got into this situation, sometimes there seems to be no way out. An experienced legal bankruptcy professional can help you weigh these issues and come up with the best plan for your situation.

by: Andrew Stratton

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