How Bankruptcy Works
by: John Mussi
Bankruptcy… a frightening word with serious connotations. In
recent years governments have been cracking down, making penalties for
bankruptcy more severe in an attempt to make them more difficult to
attain so that only those in serious need can apply for them.
Despite the negative image that is associated with
bankruptcy and the various problems that come along with declaring a
bankruptcy, it doesn't have to be frightening; after all, bankruptcy
was designed as a way for those individuals and businesses who find
that their finances are out of control to get the help that they need
to organize their finances and pay off their debts.
Once you take the time to understand what bankruptcy is and
how it works, you won't find it as scary as you did at first.
Defining
Bankruptcy
Bankruptcy is a legal term, meaning that an individual
cannot within reason pay off their various debts and have allowed the
court system to take over their finances for this purpose.
When filing for bankruptcy, the court will appoint someone
to work out the payments to your creditors and to determine how much of
your income must go to repay these debts. The court will either allow
you to make payments, or more likely will deduct a portion of your
paycheck toward this goal.
During this time, your credit will be limited… both by legal
action and by the reluctance of creditors to issue credit lines to
individuals who have declared bankruptcy.
Once the total amount set by the court has been repaid, the
bankruptcy will be discharged and you will be able to start rebuilding
your credit from the ground up.
Different Types of Bankruptcy
Several different types of bankruptcy exist, defined by
legal codes for certain purposes. The exact types of bankruptcy
available differ from one country to the next… in the United Kingdom
bankruptcy can only legally be applied to individuals and partnerships,
whereas in other countries such as the United States or Canada they can
be applied to businesses as well.
Regardless of the limitations or allowances set by the
government on who is allowed to declare bankruptcy, the general purpose
of bankruptcy remains the same.
Lasting Effects of Bankruptcy
While you are working towards discharging a bankruptcy, your
options for credit will be exceedingly limited. Even after you've had
your bankruptcy filing discharged, though, you'll still find that you
won't have many options for a while… many creditors will still be
hesitant to work with you from between six months to two years
depending upon the creditor and the service that you're applying for.
You should also take care with any offers that you do
receive, because they will likely come with high interest rates and
additional fees attached.
Life After
Bankruptcy
Bankruptcy isn't the end of the world… it's actually a
chance for a new beginning. As time goes by, the bankruptcy on your
credit report will begin to matter less and less as you eventually
start to establish new positive credit lines and build up your credit
again.
Just like negative reports, your bankruptcy will eventually
expire from your credit history; the process may take up to seven
years, and until it expires there will still be those who are hesitant
to deal with you.
Once it expires, however, the negative reports that preceded
it will also be long gone… and you'll find that your newer reports are
all that remain.
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