Bankruptcy As Opposed to Debt

by Mallory Megan on 2010/03/09

As consumer debt reaches an all time high, owing money to a creditor may seem extremely overwhelming. A number of people have looked to the internet and have seen advertisements claiming debt relief as a quick fix. Alluring as these ads may seem, it is important to be on the lookout for the validity of the claim.

Many of these claim they can offer a quick fix, but that quick fix might be bankruptcy. And while bankruptcy is one way to attack your financial problems, in most cases it should be a last resort. The fact that you claim bankruptcy will stay on your credit report for ten years which means that your chances of getting credit, jobs, a place of residence, or insurance are significantly lowered.

It's always a smart move to think about other options before deciding to file for bankruptcy. Speak with your creditors. Most of the time a re-payment plan can be etched out that is changed or can be paid in installments. Credit counseling services can work with you and your creditors to make debt repayment plans.

If you are considering a second mortgage, be careful. These loans require your house as collateral. Bankruptcy can stop foreclosures, debt collection activities and it may get rid of unsecured debts. Exemptions are provided that let you keep certain assets. However, personal bankruptcy does not usually eliminate child support, fines, taxes, alimony and in some cases student loans.

Usually it will not let you hold on to your property if your creditor has a mortgage or security lien that hasn't been paid. A relatively recent change in bankruptcy laws makes certain hurdles that you must get through before you can even file for it, no matter what type of bankruptcy. First, you have to get credit counseling from an organization approved by the government within six months before filling.

Also, try to keep in mind that in certain cases you must pass a test that requires that you confirm that your income level doesn't exceed a particular amount.

Mallory Megan works for a collections agency that works with a debt collection lawyer. She also does stories on business, finance, consumer spending and collections agencies.


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