When people suffer from a lot of debt, it can be overwhelming. Often this will lead people to think about filing personal bankruptcy in order to get rid of debt. Yet you really should not think about bankruptcy as your best option, instead it should be your last resort. If you want to avoid bankruptcy, is there a way to do that with good debt management efforts?
Simply put, the answer is yes. When you consider filing personal bankruptcy, first understand that probably not all of your debt can be avoided, or eliminated. There are some debts like student loans and taxes, that bankruptcy won’t resolve. For anyone with a regular job, you will probably be filing Chapter 13 bankruptcy, which requires you to set up a debt repayment plan to repay your debts. If that’s the case, you can avoid bankruptcy by setting up your own repayment plan with your creditors outside of bankruptcy, keeping it off your credit report. This is something you’ll have to decide for yourself.
To set up your own plan with debt management, begin talking to your lenders to see who is willing to work with you. If they know you are considering bankruptcy, they may have more incentive to work with you. Talk to your secured creditors first – the banks that have your home or car loans, for example. You don’t want to lose your home or car in bankruptcy. Your unsecured creditors, like credit card banks, should get paid last. See who’s willing to work with you on affordable payments. Also looks online for free debt snowball software or resources to show you how to negotiate with your creditors.
If you are without steady employment right now, this could be a situation in which you would benefit in filing bankruptcy. If you have no way to pay back your debt, then you need to file Chapter 7, where you can discharge all (or most) of your debts. Remember though that you may then have to sell your personal assets, like a house or your cars, in order to pay your lenders. Hope is not lost, though, as you might still avoid bankruptcy even without any income. Just take the time to work with your lenders and ask them if they are willing to give you a temporary hold o payments until you have work again.
The specific debt management strategies you should use are to cover all of your immediate personal survival needs, paying for food, shelter and utilities. Then, try to keep current on payments to your secured loans if you can. After that, use the cash you have left to pay what you can on the debts to unsecured creditors, which would be credit cards or unsecured loans. For student loans, these agencies will often work with you to put you on a hardship plan to temporarily hold your payments.
If any unsecured or secured lenders will not work with you, or if they begin collection proceedings, then you might be forced to file bankruptcy to stop them from getting a judgment against you. But that should be your last resort. Only use bankruptcy if there is no way you can repay your debts on your current income. Stick to your payment plans, and once you get on your feet you can increase your payments.
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