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To set the record
straight
here are 12 misconceptions about bankruptcy:
Everyone will know I've filed for bankruptcy. Unless you're a
prominent person or a major corporation and the filing is picked up
by the media, the chances are very good that the only people who
will know about a filing are your creditors. While it's true that
bankruptcy is a public legal proceeding, the numbers of people
filing are so massive, very few publications have the space, the
manpower or the inclination to run all of them.
All debts are wiped
out in Chapter 7 bankruptcy. You wish. Certain types of debts
cannot be erased. They include child support and alimony, student
loans and debts incurred as the result of fraud. It's also very
unlikely that a judge will discharge legal settlements you've been
assessed, such as money you've been ordered to pay to someone who
sued you.
I'll lose everything I have. This is the misconception that
keeps people who really should file for bankruptcy from doing it,
says Chris Viale, chief operating officer of Massachusetts-based
Cambridge Credit Counseling.
"They think the government will sell everything they have and
they'll have to start over in a cardboard box," Viale says.
While the bankruptcy laws vary from state to state, every state has
exemptions that protect certain kinds of assets, such as your house,
your car (up to a certain value), money in qualified retirement
plans, household goods and clothing.
"For most people, they'll pass through a bankruptcy case and keep
everything they have," says John Hargrave, a bankruptcy trustee in
New Jersey. If you have a mortgage or a car loan, you can keep those
as long as you keep making the payments (like the rest of us).
I'll never get credit again. Quite the contrary. It won't be
long before you're getting credit card offers again. They'll just be
from subprime lenders that will charge very high interest rates.
"There are innumerable companies that will provide credit to you,"
says California bankruptcy attorney and trustee Howard Ehrenberg. "I
don't advise any of my clients to run out and run up the bills
again, but if someone does need an automobile, they can go and will
be able to get credit. You don't have to go underground or something
to get money."
However, if you're planning to buy a house or a car, you might want
to do that before you file. Those loans will be tough to get, and
the higher interest rate on such a large purchase would make a
significant impact on your payments. Also, if you have a credit card
with a zero balance on the day you file for bankruptcy, you don't
have to list it as a creditor since you don't owe any money on it.
That means you might be able to keep that card even after the
bankruptcy.
If you're married, both spouses have to file for bankruptcy.
Not necessarily. "It's not uncommon for one spouse to have a
significant amount of debt in their name only," Hargrave says.
However, if spouses have debts they want to discharge that they're
both liable for, they should file together. Otherwise, the creditor
will simply demand payment for the entire amount from the spouse who
didn't file.
It's really hard to file for bankruptcy. It's really not. You
don't even technically need an attorney. However, it's not
recommended to go through the procedure without one.
Only deadbeats file for bankruptcy. Most people file for
bankruptcy after a life-changing experience, such as a divorce, the
loss of a job or a serious illness. They've struggled to pay their
bills for months and just keep falling further behind.
I don't want to include certain creditors in my filing
because it's important to me to pay them back someday and if the
debt is discharged, I can't ever repay them. Bless you for even
thinking about such a thing. You're no longer obligated to repay
them, but you always have that opportunity. If your conscience won't
let you sleep nights because you didn't pay your debts, there's
nothing in the bankruptcy code that prevents you from doing that
once you're back on your feet. But bankruptcy is an all-or-nothing
deal, so you have to include all your creditors in the petition.
Filing for bankruptcy will improve my credit rating because
all those debts will be gone. That sounds like an ad for a
bankruptcy lawyer trolling for clients. Filing for bankruptcy is the
worst 'negative' you can have on your credit report. Unlike other
negatives, which stay on your report for seven years, bankruptcy can
be there for 10 years.
You can't get rid of back taxes through bankruptcy. Generally
speaking, this is true. However, there is such a thing as tax
bankruptcy, says tax educator Eva Rosenberg, known on the Web as Tax
Mama. To get a shot at it, you have to file all your returns and the
taxes owed need to be at least three years old.
You can only file for bankruptcy once. The truth is, you can
only file for Chapter 7 bankruptcy once every six years, Hargrave
says. For Chapter 13 reorganization, you can file more often than
that, but you can't have more than one case open at the same time,
he says.
Of course, that doesn't make it a good idea.
"Multiple bankruptcies are really bad," Rosenberg says. "Many people
get into the habit of once they've done it, it becomes a way of
life. This is not good for your karma." Or your credit rating.
I can max out all my credit cards, file for bankruptcy, and
never pay for the things I bought. That's called fraud, and
bankruptcy judges can get really cranky about it. The trustee in
your case will review all your purchases right before your filing.
He knows what to look for.
Learn How to File for
Bankruptcy
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