Know Which Money Problems Can Be Treated By Bankruptcy

Published: 13th May 2011
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If you are struggling with money problems, you may be considering filing bankruptcy to get rid of many of your debts. While bankruptcy should be your last resort due to its lasting negative effect on your credit history, it may be the only option in some cases, at least if you want to avoid getting sued or becoming homeless. Consider a few details to know before you file.

One of the most popular categories of bankruptcy is chapter 7, which involves liquidating your items. This means that you must sell most of your non-exempt assets, and then pay off your debts with the profits. The perk of this option is that you can get rid of most of your bills, even if the profits from selling your belongings do not completely pay them off. This way, you will only have to pay a portion of your past due bills, or even none at all if you have few assets to sell. Despite the requirement of selling most of your belongings, you are permitted to keep your home in many cases, though you may have to sell it if you have lots of equity in it. You may also keep one vehicle, as long as you can prove that you need it to get to work. Otherwise, most other items are sold to pay off credit card bills, medical expenses, and numerous other unsecured debts.


Another category of bankruptcy that can help eliminate money problems is chapter 13. Unlike chapter 7, you will have to pay back the majority of your creditors, but you can often negotiate a lower amount. You will have to create a payment plan, to which your creditors and the court must agree, permitting you to pay your lenders over a period of three to five years. Once the time period for the payment plan is up, you will be considered debt-free, lowering your money problems. This chapter allows

Remember that bankruptcy cannot eliminate all money problems, as some bills must be paid. For example, you cannot avoid paying child support or alimony. Back taxes that you owe from less than three years ago also have to be paid, as do school loans. Additionally, you cannot hope to keep a secured item without paying for it. This means that you cannot stop paying your house or vehicle payment, and expect to keep these items. Anything that can be taken back by the creditor will be, which is why you need to keep current on payments for your house, car, electronics, and any other tangible belongings. Otherwise you can lose them.


In general, if most of your money problems revolve around unsecured obligations like credit card bills, medical expenses, or unpaid personal loans, you can consider bankruptcy. However, this is not a way to get out of paying back child support, student loans, or back taxes. Talk to a lawyer if you are unsure of whether to declare bankruptcy to solve your money problems.

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