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.

Beware the Creditor Offering to Settle Your Debt!

I talk to people everyday that tell me that a creditor has offered to settle their debt for less than what they owe. unfortunately these creditors rarely tell the whole truth about how much settling their debt will actually cost.  When a creditor cancels a portion of a debt, they report the amount of the cancelled debt to the IRS as income.  At the end of the year the person who thought that they had paid off the debt find that the cancelled debt has increased their income tax obligation.

In addition, settling a debt usually requires the person to pay the settlement amount in a lump sum.  But while the debtor is saving to pay the lump sum, their other debts are still accruing interest and fees.  By the time the debtor has saved the money to settle the first debt, their other debts have increased due to the interest and fees.  Debt settlement may be a good option in some situations, but for most people it causes them to go further in debt.

Before deciding whether debt settlement is in your best interest, you should talk to a professional experienced in helping consumers resolve their financial difficulties.  Debtors should carefully consider their options, including settlement of debt, filing bankruptcy, and reorganizing debts through refinancing existing debts or pursuing a short sale on their real estate.

What Happens If A Bankruptcy Case Is Filed During a Texas Divorce?

If a party files for bankruptcy after a divorce case has been started in Texas and before the Texas divorce is finalized, the divorce case will be put on hold until the bankruptcy court says it is ok to proceed. The bankruptcy court will have to lift the stay that is in place (say it is acceptable for the divorce case to proceed) to divide marital property.  The state court may still award custody of children, visitation, and hear other matters regarding the children.  However, be careful here, because we know some courts that abate the case pending approval from the bankruptcy court.   If bankruptcy is filed after the final decree of divorce is signed, the former spouse still has to pay child support and alimony if awarded. For those reasons, some people decide to file for bankruptcy before getting divorced.  The debts will then already be discharged before the divorce case is filed.  It is important to speak to your divorce lawyer and a bankruptcy lawyer before you make this determination.  The Wright Firm has both bankruptcy and divorce lawyers who are ready and able to assist you in figuring out your options.  Please remember that we can only represent one party in a family law matter.