Thinking About Bankruptcy? What You Should Know.

Category: Personal Bankruptcy (2) comments

If you have a lot of debt and you are thinking about bankruptcy as a solution, there are four factors you should consider.

  1. Bankruptcy informationBankruptcy will eliminate most of your debts, but not all debts. Bankruptcy discharges your unsecured debts, such as credit cards, payday loans, bank loans, and even income taxes. Bankruptcy does not discharge secured debts (such as your car loan if you are keeping your car), and it does not eliminate child support or spousal support debts. You should review the type of debts you have to determine if bankruptcy is the solution for you.
  2. Bankruptcy is not free. You will be required to make a monthly payment that is based on your family income. The more you earn, the more you are required to pay. Before filing bankruptcy you should understand the surplus income calculation to estimate the cost of bankruptcy in your situation.
  3. Bankruptcy does not reduce your normal monthly living expenses. If your debts were caused by excessive spending, you must take steps to reduce your expenses, or increase your income, to prevent the accumulation of more debt in the future.
  4. Bankruptcy is not the only option for eliminating debts. In many cases there are better options, such as a consumer proposal. You should review all options to determine the correct option for your unique situation.

The final decision is up to you. There are costs to filing bankruptcy, but there is one significant benefit: bankruptcy will eliminate most of your debts. If you can’t repay your debts on your own and you need a fresh start, bankruptcy may be the option for you. Contact a local bankruptcy trustee today.

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  1. Charlotte c.

    I have a special needs daughter who is 20. She gets disability assistance monthly. Unfortunately she has run into a financial bind. She owes approix 7000. On payday loans, household bills, cell phone bills, overdraft on an account. She cannot afford to pay these. She gets approx 860 per month, rent is 650 plus utilities. What are her options?

    1. J. Douglas Hoyes

      Hi Charlotte. One option for your daughter would be to open a new bank account at a new bank, and advise the creditors that she is on a disability income and unable to pay them. She obviously must stop using payday loans and the other services she cannot afford.

      She could file bankruptcy, but there is generally a monthly cost to bankruptcy, and since she currently has no wages that can be garnisheed, bankruptcy may be excessively expensive compared to the benefit in her situation.


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