Many times, debtors aren’t sure whether filing bankruptcy will really help their situation or hurt them. The word bankruptcy has a tinge of negativity to it. History shows that the word comes from the Latin terms bancus (a bench or table), and ruptus (broken). Additionally, Italians have been known to use the word “bancarupta”which means bench broken or bank broken quite often when a banker/tradesman could not make good on his debts. So it is understandable when people try to find other ways to fix their financial problems other than going bankrupt. Many will use up all of their retirement savings just to avoid bankruptcy. Many do not understand that bankruptcy does provide protection. Protection from unscrupulous creditors and a way to protect a debtor’s assets. Spiritually, Deuteronomy, Chapter 15, Verses 1-2 says, “1 At the end of every seven years thou shalt make a release. 2 And this is the manner of the release: Every creditor that lendeth ought unto his neighbour shall release it; he shall not exact it of his neighbour, or of his brother; because it is called the LORD’S release.”
Bankruptcy is financially non-discriminate. It provides relief for those who, through no fault of their own, have fallen on hard financial times as well as those who have abused their financial advantages. There are, of course, exceptions where people have either broken or abused the rules. Bankruptcy provides a way to clear out the financial baggage that many carry and release the stress that builds from that baggage. Stress, one of major causes of health related problems, can break relationships and friendships, as well as a person’s fortitude. Relief from that stress can help a debtor regain his will to move forward – to recover.
Bankruptcy is not something that should be taken lightly. It does carry some liabilities but none that cannot be overcome. Recovery from a bankruptcy filing generally takes about 2 years. Notions that bankruptcy can ruin a person’s credit forever are groundless. Many have filed, found the relief that they so desperately needed and have moved on to a more financially stable life. Just ask the roughly1.5 million who filed last year.
Category Archives: credit report
If I file a bankruptcy is my credit ruined forever?
If I file bankruptcy, is my credit ruined forever?
Short answer – no. The Fair Debt Reporting Act controls how your credit history is treated and reported. The maximum time any information regarding a debt stays on your report is 10 years.
The filing of a Chapter 7 case will be reported on your credit history and will stay there for 10 years. If you file a Chapter 13 case, that information stays for 7 years. If you have negative information such as late payments, that also stays for 7 years. Therefore, if you know that this negative information is already on your report, it is unlikely that the filing of a bankruptcy case will make matters worse.
You are probably wondering how the concept of creditworthiness is viewed by potential creditors. Well, first off, they know that if you get a discharge in a Chapter 7 case, you cannot file again for eight years. Who do you think is more creditworthy? A consumer who has discharged all his debts and is now basically debt free, or one who owes $50,000 in credit card debt, and barely stays afloat by borrowing from Peter to pay Paul?
If you have a steady job – a regular income – and few debts after bankruptcy, financial institutions would be foolish not to approve a mortgage or car loan.