Top Five Myths about Filing Bankruptcy
- IT’S HARDER TO FILE BANKRUPTCY SINCE THE LAW CHANGED.
The new laws, which went into effect October, have not made it harder to file for bankruptcy. There are a few new requirements, but most of it is simply more paperwork for your lawyer and a few extra administrative steps. A recent study showed that 97 percent of people who filed under the old law would still be eligible under the new law.
- YOU LOSE EVERYTHING WHEN YOU FILE BANKRUPTCY.
Most people who file bankruptcy don’t lose anything. Legal protections (called “exemptions”) exist to allow you to keep your household goods, pension plan and 401 (k), bank accounts, and even your car and home, up to allowable legal limits.
- BANKRUPTCY RUINS YOUR CREDIT.
Bankruptcy ends old debt problems and will let you start re-building your finances; that’s what new lenders look for when deciding to give you new credit. Most people start getting new credit cards as soon as the case is finished, which can be in as little as four months. You can qualify for car loans and mortgages in as little as 18 months.
- YOUR SPOUSE’S CREDIT WILL BE AFFECTED IF YOU FILE BANKRUPTCY
Your case will not, by itself, affect anyone else’s credit. Your spouse’s credit cards and other debts will be affected only if they file with you. Many spouses choose to file together because it will let them handle all of the debts for the household, but that’s not required.
- EVERYONE WILL KNOW YOU FILED BANKRUPTCY
The only people who are sure to find out are the ones you owe money to. Your boss, friends and family members will probably only find out if you tell them or they take a trip to the courthouse and type your name into the computer system.
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