Should I File for Bankruptcy Now or Later?
Posted on Jun 20, 2013 9:19am PDT
Determining whether or not to file for bankruptcy and when can be a lot for any one person to handle, especially if you are trying to do what is best not only for yourself but also for you family. The weight of debt and financial strain can be simply too much to handle, and yet you may fear that filing for bankruptcy will forever ruin your credit, prevent you from ever taking out a mortgage again or perhaps a fear that you will never be able to help pay for your kids college tuitions. However, what you need to realize is that you can't focus on tomorrow when it comes to debt, you must sit down and realize where you are right now, and if you are struggling with debt and are constantly being contacted by creditors, action must be taken. Whether it is bankruptcy or any other form of debt management, taking control of your life again is of utmost important.
Taking control of your life, however, may not mean that you need to stop reading this article and immediately go file for bankruptcy. Depending on your current situation, you may decide that filing sooner or later is going to be what is best for you. Because of the fact that every person and family has a very unique financial situation, it is essential that you contact a trusted bankruptcy lawyer in your area who can evaluate your current circumstances and help you decide what the best course of action for you.
When deciding to file for bankruptcy soon or wait, you will want to determine what is at stake such as whether or not it means that you may lose your property, or perhaps with enough preparation being able to avoid bankruptcy altogether. Because while bankruptcy can be a great, and sometimes only option, for people struggling with debt, it is not for everyone. For some, filing for bankruptcy may actually mean that you will be able to keep your home, whereas not would mean that the bank or creditors would seek to repossess it as collateral for your debt.
In the event that you are trying to avoid foreclosure, for example, filing for bankruptcy may give you that opportunity that you need in order to avoid losing your home. However, it is not uncommon that people who seek to file for bankruptcy tend to do so too quickly before exhausting the other options that are available to them. It is also important to realize while bankruptcy may save your home today, it may make the process of mortgage modification a little more complicating as well. Because of bankruptcy, and eventually a stamp of not having much money, it is very possible that mortgage lenders will view this and not wish to continue negations with you. However, for some the current property is much more important than worrying about the mortgage complications in the future, and you may determine that you are buried too deep in debt to not avoid bankruptcy altogether.
If this is the case, you may decide that Chapter 7 bankruptcy is the option for you as it is considered to be the "debt elimination" type of bankruptcy. Chapter 13 is another option of bankruptcy for you to discuss with your attorney and it is more of a reconstruction of your debt as opposed to total elimination. This process tends to be between 3 and 5 years, and gives you the opportunity to pay back your debt in more reasonable amounts. Please use our website to help you locate a bankruptcy attorney you can trust in your area!