Here we are once again. So as before I am a paralegal, I am not a lawyer. My articles are in no way intended to be, to be taken as, mistaken for legal advice. This is legal information only to help you ask the best questions so you can get the best help from your lawyer. Let’s not forget that when a lawyer of a paralegal becomes involved your problem becomes an ISSUE.
All right you are thinking about filing for bankruptcy. 1st thing 1st, contrary to what crazy republican’s would like you to think bankruptcy is not a bad thing. It is not going to destroy your life, it doesn’t mean you are a failure, or that you’re scammer trying to dodge your debt. All a chapter 7 bankruptcy does to restart you financial life. Kind of like asking for a ‘do over’ when you mess up playing a game.
As for your creditors, all you are doing is using the courts to tell them, “I am sorry I haven’t got it and I can’t get it. So back off.”
Now a bankruptcy is supposed to stay on your credit records for no more than 7 years. The story if you file for and are granted a bankruptcy you will be prevented from getting any credit or loans for 7 years. Plus when you do start getting credit again you will have to pay a much higher interest rate.
That is no longer true.
Will it is somewhat true. When you file your 1st bankruptcy form often called the ‘petition’ you will be unable to get any form of credit or loan until get your bankruptcy ‘Discharge’.
SIDE-NOTE: Don’t panic though. If something bad happens and you need to borrow money you have way to deal with it. You will have to get permission from the trustee though.
However not even 30 days after your ‘Discharge’ you will start receiving credit card offers. Everything from the loan shark offers:
These guys will offer high credit limits with very high interest rates. You miss a payment date with these guys by so much as an hour your interest rates will double sometimes triple. Miss a 2nd one and you could be looking at debtor’s prison.
SIDE-NOTE: Thanks to the crazy republicans and growing privatized prison system here the United States debtors prisons have become a a very real and serious threat in over 24 states. Just ask the breast cancer survivor in Illinois who went to jail 5 days after getting home from the hospital. She was arrested and jailed for a $260 hospital bill. A bill the hospital told her she did not owe. It had cost her father a $1500 to get her out. $260 for the bill she didn’t owe, $600 in legal fees, and $740 for the food she ate, for her Dad and lawyer to be processed in to see her. The rest paid for her stay at the Bar Hotel.
Next week I will talk about what debts are covered by a Chapter 7