May 29, 2008
Why Do People File Bankruptcy: It Doesn't Mean You've Failed
The misconception about bankruptcy is that people that can't pay their debts for one reason or another use it as a way of cheating the system. Others believe that you can be prepared for anything that happens to you and therefore bankruptcy shouldn't be provided.
In either case, these answers are wrong. The federal government put in place the ability to file because people make mistakes, face tragedies in their lives and they often have little to no control about the actions of others.
- Discharge of debt: This gives people a fresh start. This type of bankruptcy is common as it allows a free and clear slate. They could be under a lot of financial stress due to credit card misuse or there could be another underlying problem that put them in this position.
- Stop foreclosure: Foreclosure is a process in which the mortgage lender moves to take back the home from the owner who is not making monthly payments as agreed on it. Filing Chapter 13 bankruptcy can help these debts to be reorganized to make it easier for the mortgage payments to be made. Chapter 13 does stop the foreclosure process as long as it is done before the sale of the property.
- Medical bills. With or without health care coverage, medical bills can easily pile up and get to the point of being overwhelming. Many people use bankruptcy to help them to either eliminate medical bills or to reduce them significantly.
- Loss of employment: Many people have to file bankruptcy because they have lost their job and they can no longer make payments as they were doing. While the financial situation before their employment loss may have been okay, after the loss many people struggle with high amounts of debt they can't pay.
- Garnishments: Chapter 7 bankruptcy will end some types of garnishments. If wages are being garnished because of debts that need to be repaid, these debts can be eliminated. In addition, filing bankruptcy can sometime help people to stop utilities from being turned off or from losing assets such as cars (when they file Chapter 13.)
- Stop creditors. For some the reason for filing bankruptcy is as simple as stopping creditors from calling. Creditor harassment has been shown to be the deciding factor for people who are struggling with debt repayment. Having the financial difficulty that goes along with it is important though, as you need to be facing dire financial situations to qualify.
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