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Bankruptcy is a legal remedy, and as such only
an attorney can properly advise you on the process. However, as
far as being a candidate for the legal process, that is another
question. My experience has been that the decision is based partially
on facts, partially on emotion and partially on a person's view
of their future.
As in so much of life, there are no hard and fast
rules to determine if you are a candidate for bankruptcy. Everyone's
financial/emotional/future situation is different and one person
with $40,000 in debt who can sleep at night and sees great future
opportunities for themselves may be able to do what it takes to
pay it off. On the other hand, another person with the same amount
of debt may be bouncing off walls and feel their future is hopeless
under the present set of circumstances and have no other choice
than to declare bankruptcy.
Understand the consequences
What is most important to keep in mind is that bankruptcy should
be used with caution and a full understanding of the consequences.
I think of it in the same vein as using nuclear weapons. It gets
the job done, but at a potentially high cost, and with some fallout!
Review the information below and then seek professional advice from
a person or organization you trust.
Financial
Looking at the three points briefly there are financial, emotional
and future implications to consider. First, do
the math on how much you owe, what are the payments, what income
can you devote to the payments and whether or not you can free up
or get more/enough income.
Emotional
Second, rate
your emotional position. Can you stand being in debt any longer?
Are the creditor calls getting to you? Can you sleep at night; are
you fighting with your spouse?
Your future
Third, assess your future prospects and the consequences of a bankruptcy.
Bankruptcy can have an effect on promotions, new job applications,
renting a new apartment, insurance, your ability or cost to make
major purchases. Do you see your life as on an upward trend or a
downward slide? What are you goals for the next two to 10 years?
Seek counseling first
One way to assess if you are a candidate for bankruptcy is to seek
credit counseling. A credit counselor will review your financial
situation thoroughly and make recommendations based on your goals
and ability to pay, based on his or her experience as a certified
financial counselor. You should leave the meeting with a clear understanding
of the best course of action for your situation and an explanation
of the alternatives. Clearly, you can't do this in 20 minutes, so
be sure your counselor is willing to spend however long to takes
to get you to a conclusion.
Alternatives to bankruptcy
There are many alternatives to bankruptcy, including settling your
debts for less than what is owed, borrowing from a family member
or friend and debt-management programs to name just a few. They
are all worth checking out before committing to bring in the big
guns!
A last word, from my own experience. Seeking to solve
problems through the courts rarely produces a satisfying result.
So if you go ahead, expect to get rid of your debts, but not to
walk away feeling like a winner. I encourage you to do your homework
and seek professional advice. Good luck!
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