There is just no easy way to get out of debt, you have to face up to
the consequences. A bankruptcy should always be your last option, as the
effects are long lasting. There are four ways to handle debts that are out
of control, listed in best to worst in regards to the effect it will have
on your credit:
- If your credit isn't in terrible shape, can you reduce your other
expenses, even if it means making hard choices or just change your
lifestyle to fit your income? Some ways to do this:
- Selling the second car
- Pulling equity out of your home
- Applying for a non secured signature loan
- Obtaining a loan from a relative
- Selling your home and paying off your debts with the proceeds and
then renting
- Cashing out your 401K/retirement benefits
- Selling family heirlooms, jewelry, etc…
- If your credit is already gone or one of the above isn't an option,
your next option may be to go through a Debt Management Program. In this way you're paying off
your debts through a third party company or organization, but you don't
file a bankruptcy.
- If the Debt Management Program won't benefit you, you may
want to consider bankruptcy. Filing a Chapter 13 takes longer, but your
credit is in a little better standing than if you file a Chapter 7. In
Chapter 13 you are given up to 5 years to pay off your debts. The
disadvantage is that you're in bankruptcy for up to 5 years plus your
credit report shows your bankruptcy for 7 more years after you have
finished paying off your debts.
- If you are so far in debt that you can never repay it, then the best
solution may be a Chapter 7 bankruptcy. Chapter 7 is the least desirable
credit wise, but you are typically out of bankruptcy in 6 months and you
don't have to repay any debt. The disadvantage is that this shows on
your credit report for 10 years from the date of filing your bankruptcy,
and creditors are starting to tighten their credit requirements, and you
may have a tough time getting future financing.
There is no magic solution. Don't believe anyone who tells you
otherwise.
Disclaimer:
This information deals with
Chapter 7 consumer bankruptcy. Each state has its own bankruptcy laws, so
you need to check with your state for details. Information dealing with
Chapter 13 bankruptcy and consumer debt restructuring is not discussed in
the above FAQs. The information contained in the following FAQs is
provided for general information purposes only and is not intended to be a
legal opinion nor legal advice nor is it intended to be a complete
discussion of all the issues related to the area of Chapter 7 consumer
bankruptcy. Every individual's factual situation is different and you
should seek independent legal advice regarding specific information.