People traditionally talk about
bankruptcy without ever consulting with a qualified Arizona Bankruptcy Attorney.
Consequently, there are many myths and misconceptions the general public has
about bankruptcy. I will attempt to clarify 11 such myths or misconceptions
here.
- All debts are cleared in a Chapter 7 bankruptcy. Certain types of debts cannot be discharged, or
erased. They include child
support and alimony, student loans, and debts incurred as the result
of fraud.
- I will lose everything. This is a misconception that keeps people who should
file for bankruptcy from doing it. While the bankruptcy laws vary from
state to state, every state has exemptions that protect certain kinds of
assets, such as your house, your car (up to a certain value), and money in
qualified retirement plans, household goods and clothing.
- I'll never have credit again. This is not
true. It won’t be long before you begin to receive credit card offers
again. They'll just be from lenders that will charge very high interest
rates. However, this is a process you will have to go through in order to
obtain a high credit score. We don't advise our clients to run up a lot of
bills, but if you need to get an automobile you will be able to get
credit. Also, if you have a credit card with a zero balance on the day you
file for bankruptcy, you don't have to list it as a creditor since you
don't owe any money on it. That means you might be able to keep that card
even after the bankruptcy.
- If you're married, both spouses have to file for bankruptcy. Not necessarily. If the debt is solely in the other
spouses name then they can file a single bankruptcy. However, you will
have to list the liabilities of the spouse not filing to relieve them of
any liability. However, if spouses have debts they want to discharge that
they are both liable for, they should file for bankruptcy together.
Otherwise, the creditor will simply demand payment for the entire amount
from the spouse who did not file.
- It's very difficult to file for bankruptcy. It is not difficult. But it is recommended that you
hire a lawyer to make sure that all the forms and documents are filled out
and filed correctly.
- Only "deadbeats" file for bankruptcy. Don’t be too proud to file for bankruptcy. It is more common
than you think. Donald Trump, one of the world’s wealthiest individuals
filed for bankruptcy in his earlier years. Most people file for bankruptcy
after a life-changing experience, such as a loss of job, a serious illness,
or a divorce. They've struggled to pay their bills for months and just
keep falling further behind. If you have to file bankruptcy because you
abused your credit then simply use this as a life lesson and don’t repeat
the same mistake.
- I should not include certain creditors in my filing
because it's important to me to pay them back someday and if the debt is
discharged, I can't ever repay them.
It's a commendable sentiment. After a bankruptcy, you are no longer
obligated to repay them, but you would always have that opportunity. If
your conscience bothers you because you didn't pay your debts, there's
nothing in the bankruptcy code that prevents you from doing that once you
get back on your feet. However, bankruptcy is an all-or-nothing deal, so
you must include all your creditors in the petition.
- You can't get rid of back taxes through bankruptcy. Generally speaking, this is true. However, there are
exceptions. To have a chance of success, you have to file all your returns
and the taxes owed need to be at least three years old.
- You can only file for bankruptcy once. The truth is you can only file for Chapter 7
bankruptcy once every eight years. For Chapter 13 reorganization, you can
file more often than that, but you cannot have more than one case going at
one time. Still, it's not very good to make filing bankruptcy a habit as
you will never be able to retain a good standing with credit agencies.
- I can max out all my credit cards, file for bankruptcy,
and never pay for the things I bought.
This is not a good idea. It's called fraud and bankruptcy judges tend to
frown upon it. The trustee in your case will review all your purchases
right before your filing. And the trustee knows what to look for to find
fraud. Don’t commit a criminal act. The consequences are far more severe
than a simple bankruptcy.
- Everyone will know I've filed for bankruptcy. Unless you're famous or a prominent person and the
filing is picked up by the media, probably the only people who will know
about a filing are your creditors and anyone you decide to tell. While
it's true that bankruptcy is a public legal proceeding, there are so many
people who file for bankruptcy that publications do not have the space nor
inclination to publish all of them.
Great blog, very informative and useful content you are shared here.
ReplyDeleteThis blog has clearly explained the misconceptions the people will have about bankruptcy and by reading this blog one can avoid the myths about bankruptcy.phoenix az bankruptcy lawyers