Should You Be Thinking About Filing For Bankruptcy Protection?

Published: 07th May 2011
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Filing bankruptcy might seem like the quick and easy out of the sticky situation you are in especially if you have a lot of debt under your name. Filing bankruptcy is a very easy process and just about anyone can do it. Once you have filed for bankruptcy, and when the discharge is granted by the court, you will become debt free. It is all true, that filing bankruptcy is not terribly difficult to do, and that your debt will be wiped clean post bankruptcy proceedings. But you should also be made aware of the consequences of filing for bankruptcy protection. It might seem to be the only logical solution for you, but you should really consider all the possibilities and consequences if you choose to file for bankruptcy shelter.

Filing Bankruptcy Is Not For Everyone

Filing bankruptcy should be your last resort, so if you have the money to pay back the creditors, you should consider doing so. Your creditors should be willing to listen to you if you are looking to make a deal with them regarding your debt. You want to give the creditors a concrete number to work with. So tell the creditors you have the means to pay back 40-70% of the outstanding debt. Explain to the creditors that you do not want to file for bankruptcy, but you only have limited options to pay back the outstanding debt. Rather than losing the entire debt to a bankruptcy discharge, a lot of creditors nowadays will be willing to just get back even 50% of the outstanding debt. Prior to your negotiations with the creditors, make sure you know how much you can offer to the creditors as a payment. This is a negotiation, so do not be shy to tell them what you can and cannot afford. Start off by telling your creditors you can only pay back 50% of the outstanding debt. Do not get flustered if the negotiations drag on for days or weeks. It is a negotiation, and it can take time and patience.


Generally speaking if you can really afford to pay back your debt, you should do that to avoid having to file for bankruptcy protection. One of the reason why you want to avoid filing for bankruptcy is that your credit history will have this bankruptcy record for up to 10 years. Having the mark that you have filed for bankruptcy means that you will have poor credit history and poor credit score for an extended period of time. It is true that you can repair your credit history and credit score, but it is a long and tedious task which require a lot of time and dedication.

The Advantages For Filing Bankruptcy

If you have so much debt that it will literally take you 5-10 years to pay back the creditors, then you are a good candidate to file for bankruptcy. The simple reason is that the time it takes you to payback the creditors, you are already in danger of ruining your credit report and credit history. Start to plan for your financial future if you have to file for bankruptcy shelter. Use the money that you were going to raise to payback the creditors and use it as a basis to start to build a sound financial future.


As part of the bankruptcy process, the creditors cannot harass you any longer when the process has begin. This is set in stone by law that the creditors cannot contact you directly once you have chosen to seek for bankruptcy shelter. Through the bankruptcy discharge issued by the bankruptcy court, you will become debt free as the debt to the creditors will become forgiven in the court of law. This is also a good way for you to start out fresh financially without having any debt having over your head.

So Should I File For Bankruptcy?

Just in case you are still torn between filing or not filing for bankruptcy, here is what is important to you. Filing bankruptcy can be a good way to get rid of the heavy debt you have put yourself into. Even with this advantage of being debt free, there are times when you should not go down this route. If you are still confused as to whether this is really for you, your best alternative is to seek the advice of a bankruptcy lawyer. You should not make any rash decision as this is one of the few life changing event that you have to make over the course of your life. Filing for bankruptcy is just as important as your decision to get married or not. If the worry that you have about ">filing for bankruptcy is the fee associated with the hiring of a bankruptcy lawyer, then you can put your mind at ease since most of the bankruptcy lawyer provide free initial consultation. Since most bankruptcy lawyer offer free initial consultation, be prepared to present all the facts to the bankruptcy lawyer who can then make a professional recommendation if filing bankruptcy is for you.

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