For anyone who might be thinking of whether to file personal bankruptcy, it's a good idea to think of the long term impact of bankruptcy versus any other way of fixing your credit problem. One of the big issues facing many people today is the threat of foreclosure on their home, compared to bankruptcy. It's not an apples to apples comparison, but here are some issues to consider.
First, foreclosure is another debt, just like a credit card. If you default on your home loan, the lender can take your house, or foreclose on the note. If you are behind on a car loan, the lender will take back your car. Either of these are major bad credit events, and will result in a drop in your credit score.
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Bankruptcy however is a situation where multiple debts are either discharged, or wiped away, by a bankruptcy court, or you instead set up a plan to repay. While credit agencies won't specify which is worse or by how much, avoiding multiple debts in bankruptcy means that many creditors were left unpaid. For secured creditors, however, like mortgage companies or car financing companies, they did get back a portion of their loan through repossessing your home or car.
If you aren't sure whether to file bankruptcy or let the bank take your home, there are multiple issues for your to consider. Many times, you can file bankruptcy and lose your home in foreclosure anyway, as a secured mortgage lender can ask the bank to allow them to sell your home and get paid that way. This would happen in Chapter 7 more than Chapter 13 bankruptcies. In Chapter 13 bankruptcies, you will be setting up a repayment schedule, which could help you keep your home and make payments according to the repayment plan you set up with the bankruptcy court. In this case, the bankruptcy court could stop your home fro being sold, if you are making approved payments, thereby avoiding foreclosure.
Whether to file bankruptcy or let your home go to foreclosure will depend on your specific situation, your income, your total debt, and your other expenses. It's best to make an appointment with an attorney to discuss whether a bankruptcy could actually help you save your home and avoid foreclosure. You might decide that your primary concern is to save your home, and not worry about your credit score. You can rebuild your credit score after bankruptcy, but buying a home or saving the one you have is much tougher. Talk with a credit counseling agency or bankruptcy attorney before you decide whether bankruptcy is worse than foreclosure for you and your family.
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