Filing bankruptcy can have significant effects on your credit score. It also can have effects on your employment, housing and personal finance.
Once you file, creditors are prevented from collecting debts until a bankruptcy discharge is granted or a Chapter 13 repayment plan is completed. Bankruptcy filings are public record, meaning that employers and landlords can see them.
What happens after you file?
A bankruptcy lawyer in Harrisburg, PA can accurately advise and give you pertinent information regarding bankruptcy. In general, a bankruptcy stays on your credit report for seven years and can lower your score by 200 points or more. But you can start to build up your credit by paying your bills on time and establishing an emergency savings fund.
If you have a steady income, you can file Chapter 7 bankruptcy to legally clear your debt. In this type of case, the court trustee liquidates your assets and distributes the proceeds to creditors. Most unsecured consumer debt is discharged in this type of case, but secured debts such as mortgages and car loans can be retained.
The first step in filing for bankruptcy is a meeting with the trustee appointed to your case. You must attend this meeting, and you must answer questions from the trustee about the paperwork you filed. Most filers find this meeting far less daunting than it sounds, and your attorney may accompany you. You also must submit to a means test, which determines whether you are eligible for a Chapter 7 filing.
What happens during the bankruptcy process?
As soon as you file, creditors are blocked from attempting to collect payment from you or going after your assets. This is called the automatic stay, and it lasts until your debts are discharged or your repayment plan has been finalized.
When the bankruptcy process begins, a trustee is appointed to oversee your case. This person will look over your assets and determine what’s exempt – what you can keep. Nonexempt assets are then liquidated, which means sold off. The proceeds from these sales are used to pay your debts.
If you choose to file for Chapter 7 bankruptcy, the courts impose a “means test” that looks at your income and your assets to determine whether you may be able to repay a portion of your debt through a repayment plan. If you don’t pass this test, you may be forced to file for Chapter 13. Bankruptcy is a serious legal proceeding that requires careful consideration and can have long-term consequences. However, it can also provide a financial fresh start by eliminating debts you can no longer afford to pay.
What happens after you get a discharge?
The bankruptcy judge issues a decree known as a discharge that releases you from legal liability for all the debts that were listed on your filing. Creditors are prohibited
from collecting, attempting to collect, or even communicating with you regarding those debts.
Some of your debts may remain secured by property (e.g., mortgages and auto loans). In some cases, the trustee will sell your property to pay creditors. This is less likely to occur in Chapter 13 bankruptcy, where you retain your property and repay certain debts over a period of time.
Many people file for bankruptcy due to unforeseen financial circumstances, such as high medical bills, job loss or other unexpected events. Bankruptcy is a powerful tool that provides relief from insurmountable debt and the opportunity to make a fresh start financially. However, it is important to remember that bankruptcy will remain on your credit report for 7-10 years and can make it difficult to get future loans at reasonable rates.
What happens to your credit score?
The court does not look at a person’s credit score during the bankruptcy process. They are concerned about the individual’s debts, what kind of debt it is, how the debt will be treated and the individual’s income, regular expenses, household goods and assets.
The instant you file for bankruptcy, a legal provision called the “automatic stay” stops creditors from contacting you. You can use this time to create a budget that lists all your fixed expenses (housing, utilities), variable expenses such as food, entertainment and fuel as well as a set amount each month for savings.
The bankruptcy stays on your credit report for six years after the date of discharge and seven years if you filed without a discharge. However, the bankruptcy is removed from your record sooner if you complete a consumer proposal. Employers and landlords may see your bankruptcy on your credit report, which could affect employment or a rental agreement. Moreover, most employers run a background check on job applicants, which can include credit checks.