Bankruptcy: Should You Declare It?

by Gary Pearson

Those with debt problems too often subscribe to groundless myths and hearsay without ever understanding the law, and therefore the implications, of bankruptcy. Therefore, those with unmanageable debt should be aware of a few key facts before filing for bankruptcy. After all, how else will they know what life will be like after declaring themselves bankrupt? Let us look briefly at a few implications of liquidation.

Contrary to popular belief, bankruptcy does not put you in a rut when it comes to borrowing money from financial institutions. Although the borrowable amount will be limited, you’ll find that many lending institutions are willing to assess your overall situation and loan you the money you need. As it’s a big risk for them, they’ll usually impose higher interest rates. So, even though you might have been misled to believe that you can’t get credit after bankruptcy, it’s simply not true.

Another thought that may cross your mind is whether you can still be a home owner after bankruptcy. It’s not a major hurdle to jump over and there are many creditors who let you take out mortgages just 18 months after a bankruptcy filing has been processed. Here, the standards are similar among many financial institutions, where they don’t judge you for your past problems and instead try to help you build up again.

Yet another fear people have is whether their pension savings will be affected. Fact is that most pension plans make sure that when your estate is liquidated to repay your debts, your pension savings are not touched. This means that your pension plans need not be affected at all. The exception, however, is if there are taxes owed that are attached to your pension plan - if so, they will not be exempted.

Before you decide to file for bankruptcy, seek professional help. A professional financial advisor will be able to provide you with relevant information as suitable for your personal situation.

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