Bankruptcy Pros and Cons

Bankruptcy is a legal remedy afforded by Congress that allows for debt relief for businesses and Bankruptcy Pros and Cons individuals. While bankruptcy is a powerful and helpful tool in relieving debt, like most things in life, bankruptcy comes at a cost and therefore has both negative and positive aspects to it.

Three of the main bankruptcy pros are automatic stay, discharge of debts, and the ability to save your home and other property. Three primary disadvantages of bankruptcy are credit score decreases, bankruptcy fees, and the fact that not all your debts can be discharged using bankruptcy.

Pros

Automatic Stay

Once you file bankruptcy, an automatic stay comes into effect which can help you delay, stop, and/or prevent foreclosures, repossessions, utility disconnects, and even lawsuits.

Debt Discharge

Discharging debt is the best and most obvious advantage of filling bankruptcy. Discharge means that you are no longer legally obligated to pay the discharged debts.

Save your home and other property

Filing either Chapter 7 bankruptcy or Chapter 13 will afford you exemptions which allow you to keep homes, automobiles, tools, and other property. The amount of exemptions that you can claim depend which state you are filing bankruptcy in, and can also differ between state and federal exemptions. Your bankruptcy lawyer will have in-depth knowledge of exemptions and will be able to advise you on which set of exemptions are in your best interest.

Cons

Credit Score

A decrease in credit score is among one of the main disadvantages of filing bankruptcy. Additionally, a Chapter 7 bankruptcy can remain on your credit report for up to 10 years. However, you must compare the costs of this decrease in your credit score due to bankruptcy with the cost of not filing and having delinquent debt continue to drag your credit score down.

Fees

If you file bankruptcy you’ll have to pay the court filing fee, in addition to, paying for credit counseling. You will also need to pay yourAuburn bankruptcy attorney.

Cannot discharge alimony, child support, or student loans

Bankruptcy can discharge a nearly unlimited amount of nonpriority, unsecured debt. However, there are some debts that it cannot discharge, including most taxes, alimony, child support, and student loans. Your Auburn bankruptcy attorney will discuss your specific debts with you and advise you on which can’t be discharged in bankruptcy.