Not so long ago, banks and financial institutions were falling over themselves to lend money. Now the situation has changed radically, making credit much harder to obtain and making life very difficult for many as they struggle to manage high levels of debt accrued in the good times.
During the boom years, many people, myself included, used our credit cards as an extension of our salary, and spent as if it was “free credit”. Of course, we are all learning that recession also brings a reality check, and for many the reality has been that the interest payments are beyond our means.
Simply transferring debt to a card with a lower interest rate will give the borrower some time to think, but this is only a temporary state of affairs.
Declaring yourself bankrupt should only be considered when all other options have been examined in detail. The appeal of bankruptcy is the lure of starting one’s financial life again, with all debt taken away, a fresh start.
A number of commercial organisations have appeared recently offering to help with your bankruptcy,. I have no personal experience of them, but suggest you tread very carefully if you are thinking of employing one.
If you decide bankruptcy is the way forward, then you should hire an experienced bankruptcy lawyer. They are not cheap, but they will explain everything fully and in detail, and take you through your options. This is one area of expense that should not be scrimped on – your financial future depends on it.
Before declaring yourself bankrupt, you need to check that you are eligible. You are ineligible if:
If in the last 180 days you have, of your own accord, dismissed your own bankruptcy case you are ineligible.
If you have been issued with a bankruptcy discharge within the past 7 years, you are not eligible to file again.
If you have had a petition for bankruptcy discharged (you did not adhere to the bankruptcy code of practice) in the last 180 days you are ineligible.
If none of these points apply to you, declaring yourself bankrupt is open to you.
Chapter 13 and Chapter 7 are the most common chapters to file bankruptcy under although there are others. Your lawyer will advise.
There are advantages and disadvantages to both chapter 13 and chapter 7 bankruptcy. Chapter 7 is often the preferred chapter because although you have almost all your assets sold, any debt still outstanding is simply written off (with some exceptions), giving the petitioner a clean financial slate, whereas chapter 13 is a repayment plan over a 3 to 5 year period.
For additional free information about declaring yourself bankrupt, including advice on angles to consider before filing and advice on lawyers, visit www.declaringyourselfbankrupt.net. Visit the Uber Article Directory to get a totally unique version of this article for reprint.