Should I File for Bankruptcy?, Print

Bankruptcy filing is always a very personal choice. When your debt obligations are more than you feel you can handle, the average response is to take the quick way out and file for bankruptcy. However, I believe bankruptcy filing should be the last resort, no matter how overcome with debt you may feel you are.

The pressure from creditors calling and harassing you can send anyone over the edge in a hurry; bankruptcy filing can sometimes result from harassing creditors. Nevertheless, take the time to try and think clearly to make the best decision for you now, and for your future. Also consider the bankruptcy options out there.

Debt such as:

  • Student loans - student loans are a form of debt that cannot be a part of your bankruptcy filing
  • Alimony
  • Child support - child support payments are strictly enforced and must be paid despite your bankruptcy filing
  • Restitution for DUI
  • Fraudulent debt

So you are asking yourself if you should file for bankruptcy. Before you make the decision to file for bankruptcy, stop and look at all your bankruptcy options. Then clearly understand what filing for bankruptcy means. Once you are educated about your bankruptcy options and know the facts about bankruptcy filing, then you can make an informed decision.

Bankruptcy will temporarily stop bill collectors and creditors from harassing, calling, and filing for lawsuits against you. Your debt obligations are temporarily lifted. Unfortunately, the creditors may start harassing you again to fulfill your debt obligations even after you've filed for bankruptcy. You should also know that certain debt obligations cannot be a part of your bankruptcy filing. Possible options to bankruptcy

First, you need to seriously evaluate your financial situation to determine if you will be better off filing for bankruptcy. If not, why file for bankruptcy? For instance, if a good portion of your debt lies in student loans and child support payments, or alimony and restitution for DUI, you would certainly not be better off filing for bankruptcy. Secondly, you should look at other possible options available to you besides bankruptcy filing.

1. Call your creditors yourself. Explain your situation, and see if an agreeable payment plan can be implemented. They may be able to reduce your minimum monthly payments, waive late fees, give you zero interest, and extend the payment period. You don't know until you ask, and an agreeable payment plan is always preferable to filing for bankruptcy.

2. Contact Consumer Credit Counseling Services (CCCS). CCCS is a non-profit organization that helps individuals in debt who need debt management. They are nationwide, and they have partnerships with many financial institutions. They will work with you and your creditors to come up with a debt management plan that is tailor made for you. A good debt management plan can help you avoid bankruptcy filing.

3. Try to consolidate all your debt into one payment. Look into getting a debt consolidation loan or transfer your debt to a zero interest credit card to have one payment. Be aware of the hidden fees associated with this choice. Bankruptcy filing is a very big decision that should not be made lightly. It is a personal choice that will affect your credit and personal finances for at least ten years, so be sure to explore all other options before filing for bankruptcy. Know the facts about filing for bankruptcy and the debt obligations that continue after bankruptcy filing. Then determine if you should file for bankruptcy. 

Sharman Lawson is a financial coach, speaker, and author of the book 12 Steps to Eliminate Debt Forever! Visit her website at www.sharmanlawson.com.