Nobody plans for bankruptcy, especially with the tightening of the bankruptcy laws that has been done in recent years, but whether it is for your business or your personal life, sometimes bankruptcy is your best option. While bankruptcy should always be considered to be your last resort, sometimes it is also your best option.
But how do you know when bankruptcy is right for you? Like anything else, you need to make sure you have investigated and validated all other possible alternatives. With the huge importance of making sure that bankruptcy is the option you want to pursue, this step is critical. Yet it is amazing that many people do not investigate all other possible options, and may not even be aware of the number of other options that are available to them, and they file bankruptcy with no more planning than if they were buying a dozen eggs.
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So your financial status is bleak but that does not mean bankruptcy is your only viable option. You see, bankruptcy carries with it a whole series of things which will stay with you for years after your filing, and that is a huge burden to bear. For example, filing for bankruptcy will put a huge red mark, a warning flag, on your credit report for about 7 to 10 years. You may be able to get credit after filing bankruptcy, but be prepared for the fact that establishing new credit is not going to be easy, and the interest rates offered are going to be far from prime.
There are some things that bankruptcy will not absolve you of. For example, if you are responsible for making child support payments each month, those payment requirements will continue even after filing bankruptcy. This type of debt cannot be discharged via bankruptcy, since bankruptcy is more geared towards problems with credit and unsecured debt. Student loans are also usually not eligible for inclusion in a bankruptcy debt discharge, since student loans typically originate from a government source.
The world of bankruptcy is very complex and unless you yourself are a financial expert, you are best advised to seek advice from a qualified attorney who specializes in bankruptcies. There is a maze of legal requirements, and for some types of bankruptcy, believe it or not, you may not even be eligible!
Before you consider bankruptcy, you should sit down and take the time to determine what put you in your current situation, and what can you learn from that. It is always much more than "not enough sales" in the business world, or "too much credit card debt" in your personal world. Take several steps back and really focus on the root cause of how you got where you are. In business, did you try to expand faster than you should have? In your personal life, were you trying to lead a champagne lifestyle on a beer budget? These are tough questions to ask, but you need to ask yourself and get a real answer. During the bankruptcy process, these questions will be asked of you, and one of the things that will be expected is that you will have learned some things from this experience so that it doesn't happen again in the future after you have re-established yourself.
Your best option is to talk with a qualified attorney who specializes in bankruptcy cases. There is a form at our web site that will allow you to talk with a lawyer who is local to you and make a real determination about your need to file bankruptcy. Like anything else, being informed with the facts and options is more than half way towards winning the battle.
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