Bankruptcy vs debt consolidation, which one is right for your current debt problems?

If you already have an extremely low credit score due to years of missed payments, collection accounts and charge-offs, then bankruptcy advice is probably looking mighty good right about now. Sure, your score will likely hover somewhere around 300, out of the possible 850, and you’ll have to wait 10 years for anyone to want to give you a loan again, but it’s better than lying in bed each morning, too depressed to face the daily barrage of creditor calls and hate-mail. Bankruptcy can buy peace of mind for some debtors, but it’s not for everyone.

First, let’s look at some of the misconceptions that come out of bankruptcy advice. Some believe that you must be flat broke to file for bankruptcy, but the only requirement is that the debtor cannot pay the bills as they are due. Another misconception is that those who file will not be eligible for credit in the future, when in reality, the listing will be on your report for 10 years, limiting your access to credit but not outright destroying your chances at redemption. In actuality, creditors will know that you cannot file for bankruptcy again for another six years, so you’re less risky than a borrower who has a low credit score from arrears accounts in collections.

When you’re seeking advice from a credit repair attorney, be sure to double-check what can and can’t be discharged. For instance, you’ll still have to pay off Uncle Sam if you owe taxes for the past three years. However, if you have personal income taxes over three years old, then you can discharge them through bankruptcy. Fiduciary taxes cannot be discharged, nor can most student loans and liens. If you owe child support or alimony, you will still have to pay up. If you don’t list debts on your bankruptcy petition, then they will not be covered. If you have debts from drunk driving or other “willful and malicious” harm, you’ll still have to pay your dues. However, there are many things that can be removed when you file for bankruptcy, such as all unsecured credit card debt, wage garnishments, utility termination, fraudulent credit claims and foreclosure.

Professional bankruptcy advice says that there are several ways to determine if bankruptcy is right for repairs to your financial situation. First of all, make a monthly budget, adding up all your expenses, such as rent/mortgage payments, utilities, food, gas or bus fare, clothing, car loans, etc. and all of your monthly income, including employer, benefits, food stamps, pensions, disability, etc. If your income is a lot less than your expenses, then bankruptcy may not help. If you suspect you may need credit cards to live even after filing, then you may need to get another job or cut expenses. If your debts are already a few years old, then you may want to just hang in there for several more years until they come off your report or you pay them.

At an early age people are given the opportunity to begin building their credit. They can acquire credit cards, loans for vehicles and homes and even money for school. But what happens when this credit is maxed out and there is no way to repay it all? It is all too easy to find yourself in over your head in bad credit. But you do not have to stay that way. There are many resources on the internet that can help you eliminate those bills and get back on your feet.

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Contributed Content | Bankruptcy Basics |

Tags: bankruptcy advice, bankruptcy alternatives

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