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Seven Secrets About Bankruptcy

No.1: Most people keep all of their property
 
The Bankruptcy Code allows you to keep your home, cars, furniture, appliances, retirement plans, and other essentials that you need to get a fresh start. Although it is true that there are limits to the values of what you can keep in bankruptcy, those limits are very generous, and most people are not required to give up anything. Fears of losing property in bankruptcy are overblown by the credit industry.
 
No. 2: You don't need to be broke to file for bankruptcy
 
You can be employed, have a bank account, and own property up to certain limits as of the date your bankruptcy case is filed. Once your case is filed, you can acquire any new property you want, and no one – the courts, the trustee, or your creditors – can touch it. Special rules do, however, affect inheritance rights and a limited number of other "windfall" acquisitions, such as winning the lottery, within the six months after your case is filed.
 
No. 3: There is no minimum amount of debt required for bankruptcy
 
Bankruptcy is designed for people who are unable to repay their existing debts, and there is no requirement that you owe a certain amount before you can declare bankruptcy. The ability to file bankruptcy is based on the amount of your debt compared to your income. Many people file for bankruptcy who owe relatively little money, and many people who owe a great deal of money do not need to file for bankruptcy.
 
No. 4: A bankruptcy filing is not "the kiss of death" to your credit rating
 
While we hope you will not go into bankruptcy with the intent of getting back into debt, the negative impact of bankruptcy on credit is extremely exaggerated. After you receive your bankruptcy discharge, it won’t be long before you begin receiving credit card offers again. However, these early offers are usually at very high interest rates, and should be avoided. Once you have put together a savings plan and have started to build your "cash cushion," you will be able to begin thinking about new credit. If you have kept your home, car, or other collateral and have continued to make prompt payments during and after the bankruptcy, your credit score will gradually improve. After about two years post-bankruptcy, you will be able to obtain reasonable interest rates on mortgage, vehicle, and credit card debt. The bankruptcy will remain on your credit report for 10 years, but will have less and less impact on your credit score as the years go by.

No. 5: Your bankruptcy case will not become public knowledge
 
Bankruptcy filings are not reported in the newspaper or otherwise revealed to the public. While it is true that a bankruptcy case is filed in federal court and is of public record, it is extremely unlikely that anyone you know will go to the courthouse and find out that you have filed a case. You should be aware, however, that if you file a Chapter 13 bankruptcy case, the trustee may require that your payments to the trustee be made through payroll deductions. In that case, the payroll department of your employer would be informed that you are involved in a Chapter 13 bankruptcy.
 
No. 6: Your spouse may not have to file for bankruptcy too
 
It is not uncommon for one spouse to be able to file a bankruptcy case, and allow the other spouse to remain outside the case. Each situation must be fully evaluated before such a determination is made, but every effort will be made to allow only one spouse to declare bankruptcy.
 
No. 7: You are not alone
 
Every person going through bankruptcy feels alone. Nothing could be further from the truth. Over 1,000,000 Americans filed for bankruptcy in 2008, and the rate continues to climb sharply. You undoubtedly know people who have filed for bankruptcy, although they may not have shared that information with you. There is absolutely no reason to feel guilty about filing bankruptcy, especially if you use it as an opportunity to provide future financial happiness and security for your family. Remember that while your financial problems are serious, they aren’t the end of the world. Declaring bankruptcy is often the beginning of your new world of financial freedom.

For more information about bankruptcy and the alternatives to bankruptcy, please contact Kraft & Associates.