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When to consider filing for bankruptcy

On Behalf of | Apr 18, 2023 | Bankruptcy

Filing for bankruptcy is a significant decision that can have long-lasting effects on an individual’s financial situation. It is a legal process designed to help individuals and businesses eliminate or repay their debts,

Here are some key indicators that may suggest it is time to consider filing for bankruptcy and how the different types of bankruptcy can help you regain control over your finances.

Persistent financial struggles

One sign that it may be time to consider filing for bankruptcy is if you are consistently struggling to pay your bills, despite your best efforts. If you have tried to reduce expenses, increase income and negotiate with creditors, but your financial situation is not improving, bankruptcy may be a viable option.

Types of bankruptcy

There are two main types of bankruptcy that individuals can file: Chapter 7 and Chapter 13. Understanding the differences between them can help you determine which option is best for your situation.

Chapter 7 allows you to eliminate most of your unsecured debts, such as credit card debt, medical bills and personal loans. In some cases, you may need to sell non-exempt assets to repay a portion of your debts. To qualify for Chapter 7, you must pass a means test to demonstrate that your income is below a certain threshold.

Chapter 13 bankruptcy is often referred to as “reorganization bankruptcy” and is for individuals with a regular income who want to repay their debts over time. Under Chapter 13, you will develop a repayment plan that allows you to pay off your debts within three to five years. This option can be particularly helpful if you are facing foreclosure or repossession, as it can allow you to catch up on missed payments and keep your home or vehicle.

By understanding the differences between Chapter 7 and Chapter 13 bankruptcy, you can choose the best path to regain control of your financial situation and work towards a fresh start.