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The Truth About Bankruptcy

from daveramsey.com on 03 Aug 2009

Myth: I'll just file bankruptcy and start over; it seems so easy.
Truth:
Bankruptcy is a gut-wrenching, life-changing event that causes lifelong damage.

Bankruptcy.

That word sends chills up the spine. If you're facing the prospect of bankruptcy or in the middle of it right now, you know it's a living nightmare. It can devastate your job, destroy your marriage and steal your peace of mind.

Kathy called my radio show ready to file bankruptcy. Her debts were overwhelming, and her cheating husband had left with his girlfriend. The house was in his name, as was all the debt except $11,000. Kathy was 20 years old, and her brilliant uncle—a lawyer from California—told her to file bankruptcy. Kathy was beat up, beat down, and deserted without help, but she was not bankrupt. When her soon-to-be ex-husband ends up with all the debt in his name, he may be bankrupt, but Kathy won't be.

Why Avoid Bankruptcy?

Bankruptcy is not something I recommend any more than I would recommend divorce. Are there times when good people see no way out and file bankruptcy? Yes, but I will still talk you out of bankruptcy if given the opportunity. Few people who have been through bankruptcy would report that it is a painless wiping-clean of the slate, after which you merrily trot off into your future to start fresh.

Don't let anyone fool you. I have been through bankruptcy and have worked with bankruptcy for decades, and it is not a place you want to visit. Bankruptcy is listed in the top five life-altering negative events that we can go through, along with divorce, severe illness, disability, and loss of a loved one. I would never say that bankruptcy is as bad as losing a loved one, but it is life-altering and leaves deep wounds both to the psyche and the credit report.

Types of Bankruptcy

Chapter 7 Bankruptcy, which is total bankruptcy, stays on your credit report for10 years. Chapter 13 Bankruptcy, more like a payment plan, stays on your credit report for seven years. Bankruptcy, however, is for life. Loan applications and many job applications ask if you have ever filed for bankruptcy. Ever. If you lie to get a loan because your bankruptcy is very old, technically you have committed criminal fraud.

Most bankruptcy cases can be avoided with proper help, such as our certified counselors and the Total Money Makeover. Your Total Money Makeover may involve extensive amputation of stuff, which will be painful, but bankruptcy is much more painful. If you take the thoughtful step backward to get on solid ground instead of looking at the false allure of the quick fix that bankruptcy seems to offer, you will win more quickly and easily. I know from personal experience the pain of bankruptcy, foreclosure, and lawsuits. Been there, done that, got the t-shirt, and it is not worth it.

 

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by cherie  at November 11 2009 8:30 AM

Upside down in a home we not longer live in re: had to work in another state. Our prices have plumeted! Our accountant has advised us to turn in the keys? Our credit is good and up to date on our bills but it is getting tougher and tougher to justify putting more money into this house.

by shandra  at November 11 2009 9:29 AM

Personal 2 cents. With the current restrictions on bankruptcy filing, I have found myself in an enviable position. I earn more than the median for my state, and so cannot file Chapter 7. However, I do not earn enough to make the payments required under Chapter 13. The biggest single chunk out of my income is my mortgage, which cannot be impacted by BK as it is currently constituted, and I do not live in a state which exempts the primary residence from creditors; which doesn’t matter, as the value is now underwater. Here’s to hoping that they don’t literally bring back debt slavery, because figuratively I am a perfect candidate.

by Rhonda  at November 16 2009 8:18 PM

Filed Ch.7 in 2001 due to loss of job. Have since bought home and was doing well until death in the family, son injured. Had to work 2 jobs to pay doctor bills. Had student loans. Sallie Mae threatened garnishment so I had to start paying 300/mo. Credit is gone. Now facing foreclosure. Any suggestions?

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