There is just no easy way to get out of debt, you have to face up to the
consequences. A bankruptcy is not always the answer because the effects last several years. There are four ways to
handle debts that are out of control, listed in best to worst in regards to the effect it will have on your credit:
- If your credit isn't in terrible shape, can you reduce your other
expenses, even if it means making hard choices or just change your lifestyle to fit your income? Some ways to do this:
- Selling the second car
- Obtaining a home equity loan
- Obtaining a signature loan
- Obtaining a loan from a relative
- Selling your home to pay off your debts, then renting
- Borrowing from your 401K/retirement benefits
- Selling personal property (heirlooms/jewelry/electronics/guns)
- If your credit is already gone or one of the above isn't an option, go
through Consumer Credit Counseling Services (CCCS). Check your yellow pages for the local number. In this way you're
paying off your debts as if you were in a Chapter 13 BK, but you don't file a BK. Be aware, however, that many
credit grantors will not open new credit for borrowers who are still actively in CCCS.
- If CCCS won't take you, you may want to consider bankruptcy. Doing a
Ch 13 takes longer, but your credit is in a little better standing than if you do a Ch 7. In the Ch 13 they give you
up to 5 years to pay off your debts. The disadvantage is that you're in BK for up to 5 years plus your credit report
shows your BK for 7 more years after you have finished paying off your debts.
- If you are so far in debt that you can never repay it, then the best
solution may be a Chapter 7 BK. A Ch 7 is the least desirable credit-wise, but you are typically out of BK in 6
months and you don't have to repay any debt. The disadvantage is that this shows on your credit report for 10 years
from the date of filing your BK, and creditors are starting to tighten their credit requirements, and you may have a
tough time getting future financing.
There
Disclaimer:
This information deals with Chapter 7 consumer bankruptcy. Each state has its own bankruptcy laws, so you need to
check with your state for details. Information dealing with Chapter 13 bankruptcy and consumer debt restructuring
is not discussed in the above FAQs. The information contained in the following FAQs is provided for general
information purposes only and is not intended to be a legal opinion nor legal advice nor is it intended to be a
complete discussion of all the issues related to the area of Chapter 7 consumer bankruptcy. Every individual's
factual situation is different and you should seek independent legal advice regarding specific information.