Top 10 Benefits of Consumer Bankruptcy

Top 10 Benefits of Filing Consumer Bankruptcy

Bankruptcy, often viewed as a last resort for consumers, can actually be a powerful tool for individuals overwhelmed by financial challenges. As a bankruptcy attorney, I’ve witnessed firsthand how the structured avenues of Chapter 7 and Chapter 13 bankruptcy can provide not just legal solutions, but also much-needed psychological relief and a path to financial recovery. The benefits of consumer bankruptcy extend beyond the mere discharge of debts; they offer a legally protected reset for one’s financial life. From the immediate relief of an automatic stay halting creditor actions, to the long-term advantages of credit rebuilding and asset protection, bankruptcy can be a vital stepping stone towards regaining financial stability. 

Here are some of the key advantages:

  1. Debt Discharge:
    • Chapter 7: Often called a “liquidation” bankruptcy, it can lead to the discharge of most unsecured debts like credit card debts and medical bills. This process typically takes a few months, offering a relatively quick financial reset.
    • Chapter 13: This “reorganization” bankruptcy doesn’t immediately discharge debts but instead allows for a court-approved repayment plan, usually lasting 3 to 5 years. At the end of this period, remaining unsecured debts are often discharged.

2. Automatic Stay:

    • Filing for bankruptcy triggers an “automatic stay,” which is an immediate order that stops most creditors from pursuing collection actions, including lawsuits, wage garnishments, and harassing calls.

3. Asset Protection:

    • Chapter 7: Offers exemptions that protect certain assets (like a modest car or home equity, personal belongings, and retirement accounts) from being liquidated.
    • Chapter 13: Allows debtors to keep their assets while they make payments under the repayment plan.

4. Improved Financial Management:

    • Bankruptcy can be a learning experience, encouraging better financial management. Most people emerge from bankruptcy more cautious and prudent with their finances.

5. Credit Score Recovery:

    • While bankruptcy initially impacts your credit score, it also offers a chance to rebuild credit. Over time, the negative impact diminishes, especially if good credit habits are adopted post-bankruptcy.

6. Psychological Relief:

    • The stress of overwhelming debt can be immense. Bankruptcy can provide psychological relief and a sense of a fresh start.

7. No Minimum Debt Requirement:

    • There’s no minimum debt amount required to file for bankruptcy, making it accessible for various financial situations.

8. Stopping Foreclosure and Repossessions:

    • Chapter 13 can help in stopping a home foreclosure and allowing for overdue mortgage payments to be caught up over time.

9. Flexibility in Managing Certain Debts:

    • Debts like back taxes or student loans, which are generally not dischargeable, can be more effectively managed in a Chapter 13 repayment plan.

10. Long-Term Financial Stability:

    • Bankruptcy can be a strategic step towards long-term financial stability. It provides a structured path to clear debts and start anew.

It’s important to note that while bankruptcy offers these benefits, it also comes with consequences, such as the impact on credit score and public record implications. It’s crucial for individuals to consult with a bankruptcy attorney to fully understand their options and the implications of filing for bankruptcy. 

At the Law Office of Joel R. Spivack, we offer a free consultation to potential bankruptcy clients.  Don’t spend another sleepless night worrying about your finances, connect with us today either online or call us directly at 856-488-1200.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

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Attorney Joel R. Spivack is an experienced bankruptcy and residential real estate transactions lawyer in Cherry Hill, New Jersey. Clients come to us for legal services, but what we really provide is peace of mind. For more than 30 years, Attorney Spivack has helped people make wise, informed decisions about bankruptcy filings, debt relief options and residential real estate transactions.
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