FILING BANKRUPTCY MAY IMPROVE YOUR CREDIT RATING

Many people do not file bankruptcy because they fear that it will ruin their credit score.  The reality is that by the time most people start thinking about filing bankruptcy, they already have a poor credit rating, and for those people, filing bankruptcy may in fact improve their credit rating.

There are several reasons why debtors who file Chapter 13 bankruptcy may notice that their credit rating improves soon after filing bankruptcy.  First, Chapter 13 bankruptcy reorganizes debts through a plan that allows repayment of a portion or all of the person’s debts in a way that they can afford.  By making payments on time, debtors begin to improve their credit score.  Second, many debtors file Chapter 13 bankruptcy in order to stop foreclosures.  A Chapter 13 bankruptcy filing looks much better on a credit report than a foreclosure.  It indicates to creditors that the debtor is trying to repay their mortgage arrears, rather than simply defaulting on their mortgage loan.

 

Chapter 7 bankruptcy will usually improve a debtors credit rating as well.  Chapter 7 bankruptcy cases are generally completed within four or five months after filing the case.  After the debtor receives a discharge, their credit report is largely wiped clean, and the records of unpaid debts and late payments are removed from their credit report.

 

If your goal is to improve your credit rating, bankruptcy should be considered.  I speak with dozens of people each month about their financial situation, and for many of them bankruptcy is not the best choice.  Everyone’s financial situation is different, and it is important to consult a competent bankruptcy attorney before deciding to file bankruptcy.

How does filing Chapter 7 Bankruptcy affect my credit score?

Many people know that filing bankruptcy will negatively affect their credit score.   However, many people fail to recognize that creditors use other criteria for determining their credit score.  We have clients who have received credit offers within a short time after they have completed their bankruptcy.  It is possible to have a higher credit score one year after completion of their Chapter 7 bankruptcy than if the person had not filed a Chapter 7 Bankruptcy at all.  Filing a Chapter 7 Bankruptcy may help your credit scores in the following ways:

First, your past payment history will be gone and your credit report will show “Discharged in Bankruptcy.” In the past, this negative payment history such as non-payments and failing to pay  on time have affected your credit score.

Second, if you are making payments on the items that you have elected to keep such as a house or a car, you will improve your credit score.   The bankruptcy discharge will appear on your credit report for up to ten years after you are discharged.  However, the fact alone may not mean that you cannot get credit.

Third, all of your eligible unsecured debt will be discharged.  One of the factors that is used to figure your credit score is your debt to income ratio.  Also your credit to the amount of debt that you have is also used as a factor.  Therefore, after your discharge, your debt to income ration should be much improved.

What’s In a Credit Score?

Credit scores – a necessary evil.  Credit scores are used for everything from approving someone for a loan, to making someone a job offer. People with higher credit scores get lower interest rates, lower insurance rates, and more job offers.

The question I hear most often from people is, “How do credit scores work?”. Well, good question. Some of what you believe may be good for your credit may actually hurt your credit score. So, here’s my attempt to “demystify” credit scores.

The first step in understanding credit scores is to understand how a credit score is calculated. A credit score is made up of the following:

1. Payment history – 35% – Paying bills on time is the largest factor in a credit score.

2. Amount of debt – 30%  – The amount of an individual’s credit limit they’ve used, also known as credit utilization, accounts for the second highest part of a credit score. If an individual’s cards are maxed out, his/her credit score will suffer.

3. Length of an individual’s credit history -15%

4. Inquiries -10% – Applying for new accounts can actually lower a credit score, unless the inquiries are related to shopping for a car loan or mortgage.

5. Mix of credit – 10% – This looks at how many different types of credit an individual has, i.e. mortgage, car loan, credit cards, personal loan, etc. The more different types of credit, the better for a credit score.

As you can see, the biggest factor in a credit score is that individual’s history of paying bills on time.

Now that we’ve seen how a credit score is calculated, let’s look at some myths associated with credit scores, and things you shouldn’t do in an attempt to improve your score.

1. Don’t close old accounts. This may seem counter intuitive, but don’t close old accounts, even if they’re not being used. Closing them can hurt your score, because it negatively impacts length of credit history.

2. You can remove negative information just by disputing it. WRONG! This is one of the biggest scams out there, and responsible for the rise of the “credit repair” industry (to be discussed in a future post). Negative information that is accurate and true, such as late payments, collections, etc.  cannot be removed from your credit report.

3. Credit card solicitations and offers hurt your score. Wrong. If you don’t respond to the offers and use up all the new credit, they don’t hurt your score.

4.  Checking your own credit will hurt your score. Wrong. Applying for new credit can hurt your score due to the inquiry made when you do so (unless you are shopping for a mortgage or car loan), but you checking your own score doesn’t count as a negative inquiry.

5. A bankruptcy will destroy your credit score for 7-10 years. Wrong. A bankruptcy often substantially improves your credit score because it updates the reporting of late payments and eliminates your debt load.

A credit score is an important tool in your financial toolbox. If you understand it and maintain it, it will save you thousands of dollars in interest and fees over your lifetime.

Call The Wright Firm Today at (972) 353 –4600 and Book Your Free Consultation!

Choosing a bankruptcy attorney to guide you through the process is a crucial decision.  At The Wright firm, we will do our best to show you that choosing The Wright Firm as your legal representative is the right choice.  Let us help you begin your journey to a fresh financial future.

Feeling crushed under the weight of:

  • Too much credit card debt?
  • Late home mortgage and car payments?
  • Lawsuits and eviction?
  • Tax debts and liens?
  • Auto repossession?
  • Creditors calling at all hours of the day and night?

Please call us!  Our attorneys will work with you to develop a strategy that is right for you.  We’ll help you evaluate your options using the Federal legal protection of bankruptcy, as well as discuss with you any non-bankruptcy options, such as debt and credit counseling, that may fit your unique circumstances.

Let our firm help you through your bankruptcy.

Our offices are located at:

1660 S Stemmons, Suite 150,
Lewisville, TX 75067
Telephone: (972) 353-4600
Fax: (972) 353-4602

Campbell Centre II,
8150 N. Central Expressway, Ste. 700,
Dallas, Texas 75206
Telephone: (469) 635-6900
Fax: (469) 635-6902

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