Bankruptcy: Common Questions and Answers
Written by Gary Pearson on October 5th, 2008Those with debt problems too often subscribe to groundless myths and hearsay without ever understanding the law, and therefore the implications, of bankruptcy. Therefore, those with unmanageable debt should be aware of a few key facts before filing for bankruptcy. After all, how else will they know what life will be like after declaring themselves bankrupt? Let us look briefly at a few implications of liquidation.
The first fear people have is the question of credit. Can you get credit after you file for bankruptcy? The answer is yes, as long as you are willing to make some compromises. The credit limit might not be what you are used to, but you will still get credit. The main problem you will have to face here is that you will have to pay more interest than usual. However, the fact remains that there will be lenders who will offer you credit.
Another thought that may cross your mind is whether you can still be a home owner after bankruptcy. It’s not a major hurdle to jump over and there are many creditors who let you take out mortgages just 18 months after a bankruptcy filing has been processed. Here, the standards are similar among many financial institutions, where they don’t judge you for your past problems and instead try to help you build up again.
Finally, what about your pension savings? How will they be affected by your bankruptcy? Hopefully, not at all. Most pensions and savings plans are exempt from your estate upon bankruptcy, so they can’t be liquidated to repay your debts. However, there are exceptions to this rule. Outstanding tax liens are not generally forgiven after bankruptcy, so any taxes owed may be attached to your 401K, IRA, or other savings plan. You should bear this in mind before considering bankruptcy.
In any case, the best advice is always to seek professional counsel. A dedicated financial advisor can let you know all the facts about bankruptcy, as well as its implications. Only then can you make the right decision for you.
If you're new here, you may want to subscribe to my RSS feed. Thanks for visiting!
Tags: Bankruptcy
