Who Should File For Bankruptcy?

May 12th, 2020 by


 

As employment becomes less certain for many people, bills and debt can begin to stack up, which will lead many people to question whether filing for bankruptcy is the right move.

So who should file for bankruptcy?

  • Those who use one credit card to pay off another or are using their credit card for all expenses
  • Those who have considered using their 401(k) to pay off debts
  • Those with mounting medical expenses without the means to pay them back
  • Someone who is being sued by a creditor or having their wages garnished

If you fall under any of these categories/scenarios, please fill out the form below. You will be connected with one of the firm’s attorneys with experience in the field to discuss if bankruptcy might be the best solution for you. 

For some bankruptcy may seem like a logical next step but there are some people it may not be the best option.  The following are groups of people where bankruptcy may not be appropriate: 

  • Those with primary debts such as student loans, personal injury settlements, taxes or other debts to the government along with child support and alimony, because these debts cannot be forgiven in the bankruptcy
  • Someone with few personal assets and/or people whose major asset is a single-family home and whose income is mostly from the following sources:  401k and other retirement benefits (such as pension payments), disability, and social security. As income cannot be touched by creditors from these sources, there is no risk of being garnished.

Some may see filing bankruptcy as some kind of black mark on their record. There are of course downsides to filing such as having ones name on public documents, a drop in credit score, and the difficulty in taking out home loans for several years. With that said, bankruptcy really is a constitutionally protected means of wiping the slate clean so that you are able to have a fresh start.

For anyone who has exhausted their options and are looking for help with their bankruptcy questions, contact Halling & Cayo, S.C. at 414-271-3400 and you will be connected with one of the firm’s attorneys with experience in the field to discuss if bankruptcy might be the best solution for you. 

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