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How To Decide If Filing For Bankruptcy Is Right for You

If you’re considering filing for bankruptcy, you’re probably feeling overwhelmed and uncertain about what to do.

It’s a big decision and one that will have lasting consequences. But don’t despair. There are steps you can take to figure out if bankruptcy is right for you.

In this blog post, we’ll walk you through some key things to consider before making a decision.

Defining Bankruptcy

Bankruptcy is a legal process that legally declares an individual or business insolvent and unable to pay back its debts.

Almost every nation has bankruptcy laws in place that determine when an individual or organization can file for bankruptcy, the types of debt for which bankruptcy can be declared, and how the process works.

In the United States, most individuals may declare Chapter 7 or Chapter 13 bankruptcy, depending on their financial situation, but corporations may only declare Chapter 11 bankruptcy.

Generally speaking, filing for bankruptcy involves submitting specific paperwork with a court which outlines creditors’ claims and other details related to assets and liabilities owned by the debtor.

Afterward, any legal action taken against the debtor must be made through the bankruptcy court rather than other courts.

Bankruptcy is usually subject to approval from a judge, and if approved will pave the way towards terms such as debt discharge or allowed time to restructure debts under reduced payments.

Ultimately, utilizing bankruptcy laws can help individuals and businesses move beyond severe financial hardship without being plagued by undue debt collection efforts in perpetuity.

Pros and Cons of Filing for Bankruptcy

Filing for bankruptcy is an intimidating concept, but it can also be a helpful financial solution if you have significant debt and are unable to pay it off.

While declaring bankruptcy should not be taken lightly, it can offer relief from persistent creditors and provide the opportunity to rebuild long-term financial stability.

The pros of filing for bankruptcy include protection from repossession and collection notices, protection of certain assets, clearing up existing debts, and the chance to start fresh with finances.

However, filing for bankruptcy can negatively impact your credit for up to ten years, make it more difficult to obtain new loans or mortgages in the future, and damage your financial reputation.

Additionally, it’s important to keep in mind that filing for bankruptcy does not clear all types of debt such as outstanding child support payments or student loan repayments.

Ultimately, anyone considering filing for bankruptcy must weight their individual situation carefully before making a decision about their financial future.


how to decide if bankruptcy is the right decision


Different Types of Bankruptcy Available

Depending on the financial situation, several different types of bankruptcy may apply. For individuals, there are either Chapter 7 or Chapter 13 bankruptcy filings; businesses are able to file for Chapter 7 bankruptcy or a reorganization filing under Chapter 11 of the Bankruptcy Code.

A Chapter 7 bankruptcy is a liquidation proceeding where non-exempt assets will be sold to pay off creditors.

A Chapter 13 is also known as a wage earner’s plan, which sets up an individual repayment plan with creditors over 3 – 5 years and does not require the liquidation of non-exempt assets.

For businesses, Chapter 7 is an orderly liquidation of the business’ assets while a reorganization under chapter 11 allows them to continue operations while undergoing restructuring and settling debts.

Knowing the difference between the various bankruptcy types can be beneficial in helping decide which option might best suit one’s needs.

The Process of Filing

Filing for bankruptcy can be a complicated process, but it is one that should not be undertaken lightly. It should be noted that individuals who file for bankruptcy are generally allowed to keep certain necessities, such as their primary residence and other essential household items, tax refunds, child support payments, and or 401(k) accounts.

Before heading down the path of filing for bankruptcy, debtors should understand both the benefits and drawbacks of filing for bankruptcy.

It is important to review one’s finances thoroughly and explore all reasonable alternatives before initiating a case.

To begin this process an individual should hire an accredited bankruptcy attorney.

In short, depending on the jurisdiction, different forms of paperwork may need to be completed accurately in order to properly file for bankruptcy protection.

Once official papers have been filed, the court will examine evidence and determine if the individual is eligible for protection under the law and issue them a discharge which will erase most of their debt obligations.

What To Do if You’re Considering Bankruptcy

Considering a bankruptcy filing isn’t an easy decision and can have serious long-term implications. First and foremost, make sure that you understand all aspects of how your bankruptcy case will be handled.

Talk to an attorney to learn more about the process and what it could mean for your future.

It’s also important to look at the root cause of your current financial difficulties. Try to figure out what led you to this point before making a long-term decision.

Additionally, examine any alternative paths forward that might work for you, such as debt consolidation programs or consumer credit counseling services.

Although bankruptcy can mean a fresh start financially, it’s not every person’s best option – so be sure to carefully weigh the pros and cons with an attorney before making a decision.

Filing for bankruptcy is a difficult decision to make, but if you’re buried in debt and can’t see a way out, it may be the best option for you. There are several types of bankruptcy available, each with its own advantages and disadvantages.

The process of filing for bankruptcy can be complicated and time-consuming, but there are resources available to help you through it.

Before making any decisions, talk to an attorney to get all the information you need to make an informed choice about whether or not bankruptcy is right for you.


hiring an attorney to help file bankruptcy


Hiring an Experienced Bankruptcy Lawyer

It’s important to hire an experienced bankruptcy attorney as one of the steps to take when you’re facing bankruptcy and you are worried about credit rebuilding after.

This is because there are many different types of bankruptcy. Only an experienced lawyer will know which one would work best for your specific situation.

It might seem like it makes sense to do this yourself. But most people don’t have the time or patience to understand all of the intricate details involved in bankruptcy.

That means they make mistakes by not choosing the right type, or by not filling out paperwork correctly. Both things could lead to delays and ultimately hurt your chances of getting any debt relief at all.

This is not a journey to take lightly, but it is also not one to take alone. If you need to file for bankruptcy, reach out to us today to start your journey with us.

If you want to learn more about the options you have and the steps to take, call us for a free consultation.


Rebuilding credit after bankruptcy? Parker & DeFresne can help!

Parker and DuFresne

Parker and DuFresne