Some of The Disadvantages of Bankruptcy
Finance June 30th, 2009Not knowing the disadvantages of bankruptcy, several people go for it. Many think bankruptcy is like a clean slate. However, without a good knowledge of bankruptcy provisions, you can fall into a bigger financial rut. Bankruptcy should only be used as the last option. It is designed to not be beneficial for anyone, including you. In other words, you really need to assess your financial condition before filing Chapter 7.
As a leading disadvantage of bankruptcy, the fact that a discharge will not always clear all debt is one that is often overlooked by borrowers. That’s right; in some cases, even after a trustee has liquidated your assets and repaid creditors, you could still owe others whose debt was exempt from the bankruptcy discharge.
Another disadvantage of bankruptcy is that you not only lose your existing property, including (in some cases) real estate, automobiles, investments and other personal belongs, but your rights to future property. In most cases, “future property” can include winfalls such as an inheritance.
When deciding to file for bankruptcy, particularly Chapter 7, you need to be 100% certain of your decision as you cannot withdraw from your commitment. This means that once a discharge has been granted, you cannot avoid or repay the debt, resulting in damaged credit for the next seven years. With a damaged credit rating, most lenders will not consider any credit applications you make, even if you have the means to repay such credit several times over.
You can file bankruptcy for any amount of debt. The minimum period between two chapter 7 bankruptcies is six years.
The procedure to file for bankruptcy also takes its toll on your health and mind. You will be constantly reminded of your conditions. It is a traumatic situation for most.
In many cases, the stress from bankruptcy will result in relationship problems, including martial breakdown and divorce. Ultimately, this worsens the financial impact of bankruptcy, leaving bankrupt individuals feeling even more beaten down and defeated. Such relationship stress can also lead to problems within shared social circles and, not surprisingly, bankruptcy also increases the probability of substance abuse. In fact, the feelings of “loss” are greatly enhanced among bankrupt individuals.
Such feelings of loss, defeat and trauma often make managing regular relationships with other family and friends difficult. The difference in opinion among friends and family, combined with the feelings of guild and shame, often alienate bankrupt individuals from those who have been closest to them.
Despite the disadvantages of bankruptcy, some advantages exit for borrowers who are overwhelmed by tremendous debt loads. One of the biggest advantages is that borrowers who are looking to file for bankruptcy must enroll in a credit counseling program. This program can teach many borrowers how to manage their finances and, in some extreme cases, can help borrowers avoid bankruptcy altogether. However, when there are no other options available, borrowers should consider bankruptcy as a last resort.
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