Why Do People File For Bankruptcy And Are There Benefits To It

Why Do People File For Bankruptcy And Are There Benefits To It

Most people file for bankruptcy in the hopes of getting out of a serious debt that they have. Being in debt is often a result of several causes. It could be as a result of the consequences of your actions, or it could be due to unavoidable circumstances. Stress and discomfort are just some of the common feelings that plague those faced with the idea of having to file for bankruptcy. The whole process can be quite challenging for anyone to go through. Despite all the negative stigma associated with filing for bankruptcy, it can lead to numerous benefits for an individual.

Benefits For Filing For Bankruptcy

Being aware of the benefit of filing for bankruptcy may help one make better decisions about their financial future and will help be more optimistic about the entire process. The benefits of filing for bankruptcy can be highly significant depending on the individual’s financial situation. Here are a few advantages that come with filing for bankruptcy:

1. Financial Freedom

Filing for bankruptcy gives an individual a fresh start concerning financial stability. It also provides mental and emotional stability. Having a fresh start can alleviate the financial crisis and provide the right tools for a brighter and more balanced financial future. It will also play a big role in teaching individuals to live within their means and make the right plans for their future. The knowledge acquired during the process will prove invaluable in avoiding similar financial issues in the coming days.

2. Prevent Action from Creditors

When it comes to debt collection, for as long as the money owed is overdue, creditors have the right to collect their debt. The law stipulates what they can do to recover the money owed while still outlining what they cannot do. Although the law prevents the use of force to recover the money owed, an individual may feel threatened as the debtors try to get their money back. Such situations can increase one’s stress level and prevent one from feeling safe. When you file for bankruptcy, the creditors have to stop all their efforts to collect the debts. They cannot resort to any of the tactics they use to try and recover the money. They have to wait for the bankruptcy process to run through the court system. It would be best if you sought the services of loan lawyers to represent your interests. Legal counsel ensures you have the best chances of success. When the process is going on, the court may decide to completely remove the debt or reduce the amount depending on several factors.

3. Keep Your Property

When you file for bankruptcy, it ensures that creditors cannot take everything you own to clear the debt. Your home and the personal effects inside it will be protected by law from being acquired by debtors. However, they may take other extra assets such as vehicles with the court’s approval. Therefore, it would be best to discuss the type of bankruptcy you want to file and what each entails with your legal counsel. Choosing the right one may allow you to pay off your debts over time and still maintain ownership of your property.

Reasons Why People File for Bankruptcy 

Filing for bankruptcy becomes the go-to solution for many when it becomes clear that their finances are out of control and they have exhausted all other options. There are a few reasons that could lead to such eventualities:

1. Medical Problems

Disease and injury are usually unexpected and can come about at any time. Even with health and medical insurances in place, the cost of seeking medical treatment can cause a lot of damage to your finances. The situation is worse if the disease or injury is serious. You could be forced to empty your savings and other accounts to seek treatment. Once you have exhausted all these options, you may find it necessary to file for bankruptcy as the only viable option.

2. Divorce

Divorce and separations are not only mentally challenging but can also bring financial challenges. In most divorce cases, the income and assets are divided between both parties. It could lead to an increase in expenses. Such situations can lead to debts, especially if one party involved is unable to control their expenses. The legal costs incurred during the divorce proceedings may at times force an individual to file for bankruptcy. The cost of covering alimony and child support can also cause one to be unable to cater for the rest of their bills and expenses. In such situations, it may be necessary to file for bankruptcy.

3. Unemployment

Unemployment can result from several causes. It could be as a result of a termination of employment or resignation. Regardless of the reason, unemployment has significant financial implications. Because some people are laid off without any notice, it can be hard to keep up with the cost of living. You may be forced to turn to credit cards to pay your bills if you have any savings or emergency funds. Unemployment can also lead to straining your limited available resources. It can further worsen the situation if you fail to find employment fast. Therefore, it will be difficult to recover from the financial crisis, and you could end up in debt. A significant loss in income could ultimately lead to potentially falling into debt and being forced to file for bankruptcy.

4. Student Loan Debt

In the pursuit of higher education, you may end up with a backlog of student loans. College loans can lead to financial issues after the grace period provided for repayment of the loan expires. Although usually filing for bankruptcy does not eliminate the loan debt, the backlog of student loans can lead to an individual getting into more debts to clear the student loans. The incurred debts can be discharged by filing for bankruptcy. You will therefore have more breathing room to offset the student loan debt.

Choosing to file for bankruptcy can have a lot of benefits. It can lead to the dismissal of your debts entirely and may stop action from creditors who may seize your property by deciding to file for bankruptcy and help you regain financial control of your life.


Posted 1 month ago by Allen Brown

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