Separating Bankruptcy Fact From Fiction

March 4th, 2010 by Reed Allmand

Bankruptcy Facts

When it comes to bankruptcy there is a lot of misinformation floating around. Many debtors considering bankruptcy often listen to the half-truths and outright myths about bankruptcy instead of getting the truth from qualified sources.  Let’s take a look two of the most common myths out there about bankruptcy and get to the bottom of the truth.

Myth: Bankruptcy will ruin your credit for 10 years and you will not be able to buy a home, car, get credit cards or even rent an apartment.

Fact: While Chapter 7 bankruptcy will remain on your credit report for 10 years and Chapter 13 bankruptcy will remain on your credit report for 7 years, it is not the credit destroying beast that many make it out to be.  The truth is that many debtors who file bankruptcy already have extremely low credit scores and some experience an increase in their credit score after a bankruptcy discharge.  Why?  Because when bankruptcy discharges debt and brings the balance to $0, it can improve a debtor’s debt to income ratio.   Also, many debtors are able to purchase a car, home and even get unsecured credit cards 2 to 3 years after bankruptcy.  And even immediately following a bankruptcy many debtors obtain secured credit cards which will help them further improve their credit score

Myth: When you file bankruptcy, the “authorities” will come to your home and seize your car, clothes, jewelry, books and pet goldfish.

Fact: Bankruptcy is designed to save a debtor’s assets.  Bankruptcy law allows many generous exemptions that can help the debtor to keep their home, car and personal possessions. It is a distortion to say that debtors who file bankruptcy will need to give up all of their personal assets. This just is not the truth.  A bankruptcy attorney will work with the debtor to use all of their bankruptcy exemptions wisely so that their most important assets are protected.

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About Reed Allmand

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Allmand's vision is rooted in his own financially precarious childhood in Abilene "My father always had difficulty holding a job and supporting our family, so after my parents divorced when I was 12, my sister and I got jobs to help make ends meet," he recalls. "I remember what it felt like as a child to worry that our car would be repossessed or home foreclosed on."

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Why do I need to submit a new wage order when I modify my plan

When we modify your bankruptcy plan we are changing your plan payments. This means that we have to get with your employer and change the terms and amount of your wage order. The only way we can do that is by filling out a new wage order form.  

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If the bankruptcy stay terminates on your home that means that even though your in bankruptcy, your creditor can pursue all there legal remedies they can pursue if you were not in bankruptcy. This includes foreclosure, and having your house sold and evicting you from your house.

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