“Should I just file for bankruptcy to get out of debt?”
We often hear that question and we get it…
You see all the ads, think it’s the best option you have – it’s a fresh start, will relieve your stress… blah, blah, blah…
Here’s why you shouldn’t file for bankruptcy…
- It RUINS your credit for 7-10 years… That’s a long time! When debt is erased – it gets removed from your credit reports & history – but that doesn’t happen with a B.K.
- If you have secured assets against the debt – the lenders could take it – (typically not your house), sometimes car, but definitely RVs, boats, motorcycles, second homes, etc.
- AND it comes with FEES… (MORE debt!) Typically you’ll need a lawyer in order to declare bankruptcy and often comes with other legal/court fees.
- Bankruptcy doesn’t truly remove the debt.
Why Avoid Bankruptcy to Get Out of Debt
Bankruptcy doesn’t cure all debt. Here’s what it can’t do…
Bankruptcy does not prevent a secured creditor from foreclosing or repossessing property you can’t afford.
A bankruptcy discharge eliminates debts, but doesn’t eliminate liens.
A lien allows the lender to take property, sell it at auction, and apply the proceeds to a loan balance.
The lien will stay on the property until the debt gets paid because it’s considered secured debt.
If you have a secured debt—a debt where the creditor has a lien on your property—bankruptcy can eliminate your obligation to pay the debt.
HOWEVER…
It won’t take the lien off the property—the creditor still has the right to recover the collateral.
For example, if you file for Chapter 7, you can wipe out a home mortgage. But the lender’s lien will remain on the home. As long as the mortgage remains unpaid, the lender can exercise its lien rights to foreclose on the house once the automatic stay lifts.
Bankruptcy also does not eliminate child support and alimony obligations. Child support and alimony obligations are considered non-dischargeable debts and survive bankruptcy,
So you’ll continue to owe these debts in full, just as if you had never filed for bankruptcy. And if you use Chapter 13, you’ll have to pay these debts in full through your plan.
*In order to legally avoid obligations such as alimony, a private express trust like the Bulletproof Trust can achieve this goal.
Bankruptcy also does not eliminate student loans, except in limited circumstances.
Student loans can be discharged in bankruptcy only if…
you can prove that repaying the loan would cause you “undue hardship,” which is a very tough standard to meet. You must prove that you can’t afford to pay your loans currently and that there’s very little likelihood you can do so in the future.
Bankruptcy also does not eliminate most tax debts.
Eliminating tax debt in bankruptcy isn’t easy, but sometimes it’s possible for older unpaid tax debts (statute of limitations).
Bankruptcy does not eliminate other non-dischargeable debts.
The following debts aren’t dischargeable under either chapter:
- Debts you forget to list in your bankruptcy papers (unless the creditor learns of your bankruptcy case)
- Debts for personal injury or death due to intoxicated driving,
- Fines and penalties imposed as a punishment, such as traffic tickets and criminal restitution.
- If you file for Chapter 7, these debts will remain when your case is over. In Chapter 13, you’ll pay these debts in full through your repayment plan.
Bankruptcy is a debt management tool but most of the time, not an optimal one. As you can see it comes with MANY limitations.
Personally, we see it as merely another great scam they’ve come up with to wreck your credit for longer and to squeeze more money out of you in legal fees…
Don’t fall for it! There’s a better way.
Get Debt Removal Secrets & Eliminate Your Debt Today!
If you’re looking to erase your debt AND remove it from your credit records as if it NEVER EXSISTED (so long as it’s not a private or secured debt) – Debt Removal Secrets can help you remove it for good!
Wondering if bankruptcies can be removed like other types of debt? Catch tomorrow’s post where we’ll breakdown the answer and share some incredible proof from the credit bureaus you won’t want to miss.
Your friends in finance,
Private Wealth Academy
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