Should I File for Bankruptcy?

If you’ve found yourself in overwhelming and mounting debt, you are likely asking yourself the question: “Should I File for Bankruptcy?” Unfortunately, there is no easy or one size fits all answer to that question. The decision to file for bankruptcy is a very personal one that should only be reached after careful consideration and a thorough inventory of all other possible options.

You will need to sit down and gather all of your financial information, including bills from creditors and the total amount you owe or are in debt. Take some time comparing this to your annual or monthly income and budget. If you think you can logically pay off your debts by making some spending adjustments or by cutting a few unnecessary expenses, then bankruptcy is probably not for you. If, however, you can see no other way of paying off creditors and still making ends meet, then you may want to start looking into different bankruptcy options.

There are a few general rules of thumb that can also help you to decide if bankruptcy is right for you. The American Bankruptcy Institute suggests that the following types of individuals consider bankruptcy as an option: those who have had their wages garnished or their bank accounts attached, those who have a great amount of unsecured debts, those who would not be able to pay off their total debt within five years, those who receive constant calls from collection agencies, those who are at least a month behind on several bills, those who have medical bills not covered by insurance, those who are unable to pay owed income taxes, those who have no assets or savings or who have limited amounts of these, and those who have had their property repossessed. If your situation is not this severe, bankruptcy is probably not the answer for you. You may benefit from speaking to a financial advisor or a credit counseling organization to try and figure out other ways of getting back on your feet.

If several of the above situations apply to you, however, you will want to start researching your bankruptcy options. Just as there is no easy way to decide whether or not an individual should file for bankruptcy, there is also not one easy way for everyone to file for bankruptcy. There are different types of bankruptcy, including Chapter 7 Bankruptcy and Chapter 13 Bankruptcy, as well as different regulations and requirements for each type. For this reason, it is highly advised that you seek the assistance of a bankruptcy attorney to help you better understand the entire process and to make an informed decision about what will be the best course of action for you. It may be possible to find a free or reduced price attorney if you are unable to pay for legal aid.

After carefully discussing your options with an attorney or doing the research yourself, only you can come to the decision about whether or not to file bankruptcy. Providing you educate yourself thoroughly, your decision should be one that will set you on the path to a much brighter future.

     

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