Options to Consider Before Filing for Bankruptcy (2024)

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Options to Consider Before Filing for Bankruptcy (1)

Filing for bankruptcy can be a difficult and confusing decision, especially if you don’t Options to Consider Before Filing for Bankruptcy (2)know what options are available to you. If you’re considering filing for bankruptcy, it’s important to get informed on your legal rights and the bankruptcy process.

Keep in mind that filing for bankruptcy can inflict severe damage to your personal credit history. Hence, if you’re planning to file for it, in the coming months, we suggest you consider the following options, first:

If you’re in a tough financial spot, filing for bankruptcy may seem like the only option. But before you make this important decision, it’s essential to understand what options are available to you. With that in mind, let’s take a closer look at some of the alternatives to consider before filing for bankruptcy.

Debt Counseling Options

First and foremost, explore debt counseling options. Many non-profit organizations offer free or low-cost counseling services that can help you develop effective strategies for repaying your debts. Additionally, if most of your debts are credit card debts, consider negotiating with your creditors directly. They may be willing to work out a more manageable payment plan with lower interest rates or reduced fees.

Another alternative is debt consolidation. This involves combining all of your outstanding debts into one loan with lower monthly payments and interest rates than what you were previously paying.

Signing up for debt consolidation can actually work to your advantage. Apart from helping you pay off your existing financial obligations, many of these programs have options to help you rebuild your credit score.

Options to Consider Before Filing for Bankruptcy (3)Sell valuable items you own to help pay off your debt.

One of the easiest ways to do so is by selling unused items around your home. Not only will it help you declutter, but it can also provide a quick infusion of cash that you can put toward paying down your debts.

Start by taking an inventory of items in your home that you no longer use or need. This could be anything from clothing and accessories to electronics and household appliances. Once you have a list, determine which items are in good condition and could potentially sell for a decent price.

Online marketplaces like eBay, Craigslist, and Facebook Marketplace are great places to post your listings and reach potential buyers.

In addition to online marketplaces, consider hosting a garage sale or participating in local flea markets or consignment shops.

Sell Real Estate

Do you own valuable assets, like an undeveloped parcel of land? If you do then, why not sell it? Selling some of your properties can turn out to be a better alternative to undergoing bankruptcy proceedings. After all, you could lose everything to bankruptcy. Moreover, you can receive better offers from interested parties for the assets you’re planning to sell. In fact, you may receive enough funds that you can use not only for paying off your debts, but also for starting over.

Look for additional income streams, which will let you earn additional cash you can eventually use for covering your monthly bills.

Keep in mind this can be just a temporary job that you keep until you are out of debt. Options to Consider Before Filing for Bankruptcy (4)Be wary of get rich quick schemes. Desperation often leads to taking chances you ordinarily wouldn’t take. When you look online there are a lot of companies advertising work at home solutions. Some are legit and some are as phony as a $3 bill! If you need to “buy supplies” from them in order to work for them. It’s most likely a scam!

Some people take this time to try to start a business. If you are already in debt you need to find something that has a very low cost to start. When I got out of college I started a drop shipping business to help me pay off credit card and student loan debt. It worked very well for me and I did that for several years as a side business. You just need to have access to companies that offer drop shipping and you can resell their products on your website, social site, or Ebay. I even put together a little catalog I would ship out from a leads page I had online. I made it at home using a binder that I paid $200 at the time for. It more than paid for itself!

Start a low cost homebased business

There are many low cost businesses that you can start from home. Doing a quick search on Pinterest will show you lots of people creating homebased business opportunities for themselves.

One such business that can help you and others is opening a consignment shop for your friends and neighbors. If you are good with words, you can offer to set up ads on craigslist, ebaby, amazon and the like and resell your friends and neighbors belongs.

You can make them pay all the fees up front and you manage taking the pictures of the items, posting (and re-posting) them, obtaining the payment and eventually shipping the item out to the winning bidder!

You can charge a 50% of the sale item price w/ all fees paid by either the owner of the property or the winner of the auction!

Only consider starting your own business if you are a disciplined person. Once I started making money in my business, everyone wanted me to show them how to do it. I wasted a lot of time showing family and friends how to start their own drop shipping business. So many of them came by for a weekend or two for us to work together but when they didn’t make money right away they quit. If you know that’s you (and their is no shame in that!) you are better off finding a job that you can work at after your main job and on weekends.

Be ready to negotiate

Options to Consider Before Filing for Bankruptcy (5)Don’t be embarrassed or too shy to ask for a lower interest rate, more flexible payments terms, or for a longer repayment period with your creditors. After all, most creditors would rather help you find a way for you to pay so that they can get their money back.

Filing bankruptcy means they won’t get anything back, so it’s a lose – lose situation since your credit will be adversely impacted. Also, remember to ALWAYS get things in writing. Don’t do any “handshake” or verbal deals .

Understand the provisions of the local, state or federal laws, most especially the stipulations directly involved with bankruptcy proceedings.

This way, you can understand the pros and cons of filing bankruptcy. You will know what the legal steps are; and you can realize whether or not filing for bankruptcy will suit your needs.

Options to Consider Before Filing for Bankruptcy (6)

Options to Consider Before Filing for Bankruptcy (2024)

FAQs

What are options from filing for bankruptcies? ›

About Bankruptcy
  • Individuals may file Chapter 7 or Chapter 13 bankruptcy, depending on the specifics of their situation.
  • Municipalities—cities, towns, villages, taxing districts, municipal utilities, and school districts may file under Chapter 9 to reorganize.

At what point should I consider bankruptcies? ›

It might be time to declare bankruptcy, if, for example, you have large debts that you can't repay, are behind in your mortgage payments and are in danger of foreclosure, or are getting calls from bill collectors. Bankruptcy can often reduce or eliminate your debts, save your home, and keep bill collectors at bay.

How much money do you think someone should owe before declaring bankruptcy? ›

There is no minimum debt to file bankruptcy, so the amount does not matter. Examples of unsecured debts include credit card debt, cash advance (payday) loans, and medical bills.

What can't you do during bankruptcy? ›

DON'T withdraw or borrow from your 401k, IRA, and retirement plan to pay bills. Early withdrawal of these funds makes you liable for penalties and taxes which may not be discharged in bankruptcy, and you may be able to exempt and keep all funds maintained in these accounts.

Is it cheaper to file Chapter 7 or 13? ›

What Is the Cheapest Type of Bankruptcy? Not only are the fees of Chapter 7 bankruptcy lower, but you also end up paying less to your creditors. While Chapter 7 only requires that you pay the value of your liquidated assets, a Chapter 13 bankruptcy could result in you paying far more over three to five years.

What is the least amount you can file bankruptcies? ›

The U.S. bankruptcy code doesn't specify a minimum dollar amount someone must owe to make them eligible for a qualified filing.

How much debt is too much for Chapter 7? ›

Again, there's no minimum or maximum amount of unsecured debt required to file Chapter 7 bankruptcy. In fact, your amount of debt doesn't affect your eligibility at all. You can file as long as you pass the means test. One thing that does matter is when you incurred your unsecured debt.

Are bankruptcies ever denied? ›

5 Reasons Your Bankruptcy Case Could Be Denied

The debtor failed to attend credit counseling. Their income, expenses, and debt would allow for a Chapter 13 filing. The debtor attempted to defraud creditors or the bankruptcy court. A previous debt was discharged within the past eight years under Chapter 7.

How much money can you have in the bank for bankruptcies? ›

Keeping cash when filing for bankruptcy does change somewhat between Chapter 7 and Chapter 13 bankruptcies. Under Chapter 13, you also have the $550 cash exemption along with a wildcard exemption up to $1,475, allowing you to keep $2,025 in cash under Chapter 13.

What do you lose when you file bankruptcy? ›

Loss of Property

Even with Chapter 13 bankruptcy, you may need to sell off certain assets to afford your payments. If you include secured debt, such as a mortgage loan or auto loan, in your bankruptcy filing, you could also lose the property or vehicle you used as collateral for the debt.

How much would my Chapter 13 payment be? ›

To calculate your monthly payment amount in a Chapter 13 bankruptcy, calculate your income for the six months before your bankruptcy filing. Deduct allowable expenses to determine your disposable income. Pay your priority debtors and any secured debts that you want to keep after the bankruptcy.

Will Chapter 13 take all my money? ›

The plan need not pay unsecured claims in full as long it provides that the debtor will pay all projected "disposable income" over an "applicable commitment period," and as long as unsecured creditors receive at least as much under the plan as they would receive if the debtor's assets were liquidated under chapter 7.

What would disqualify me from chapter 13? ›

You may be disqualified if your payment is insufficient to meet the repayment requirements or demonstrate a reliable ability to repay. Our attorneys can assess your financial situation and recommend suitable alternatives.

What you Cannot do after bankruptcy? ›

For example, you can't discharge debts related to recent taxes, alimony, child support, and court orders. You may also not be allowed to keep certain assets, credit cards, or bank accounts, nor can you borrow money without court approval.

What doesn't go away when you file for bankruptcy? ›

Regardless of whether you're seeking out a Chapter 7 or a Chapter 13 bankruptcy, not all debt is eligible for discharge. For example, taxes, spousal support, child support, alimony and government-backed student loans can't be discharged in bankruptcy.

What debt follows you after bankruptcies? ›

Recent income taxes, support obligations, and other "priority" debt. You must repay important priority debts even if you file for bankruptcy. Learn about spousal and child support arrearages, newer tax bills, and other priority debts you'll pay after Chapter 7.

What can you not do after filing Chapter 7? ›

That being said, here's what you're not allowed to do with a Chapter 7:
  • Lie under oath about your financial or property assets.
  • Keep property that must be used to discharge your debts.
  • Miss payments to certain creditors in order to keep your home.

Can you keep your tax refund after filing Chapter 7? ›

Your tax refund is like any other asset in your bankruptcy filing so you may be able to claim an exemption in your Chapter 7 to keep all or a portion of your tax refund. You could then use it however you want or need.

Can you withdraw money before filing bankruptcies? ›

In that case, the bankruptcy trustee will ask for the extra money so it can be used to pay your creditors. Unfortunately, it doesn't matter if the money is set aside for a specific bill or purpose; if it's not exempt, the trustee can take it. You are allowed to spend the money you have before filing your case.

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