Wednesday, May 27, 2009

Should I File Bankruptcy?

A question lawyers get a lot is, "should I file bankruptcy." That's a question to which there isn't a right or wrong answer, and it's not a legal question, so most lawyers will say it's up to you. Many people feel that it is immoral to file bankruptcy and walk away from thousands of dollars of debt. That is their right to feel that way; it doesn't make filing or not filing right or wrong.

If you're confronted with debt that you find impossible to pay, for whatever reason, bankruptcy is an option to consider. Like any big financial decision, you shouldn't make it blindly. Talk to an attorney. Learn your options. Find out what a bankruptcy could do to your credit rating. Then consider the alternatives. Is there a way to dig out of the hole you are in without sacrificing too much? What about your ongoing obligation to support your family? How will filing bankruptcy (or not) affect that?

One thing you should not do is file bankruptcy for the sole purpose of being able to incur more debt, with the idea that you can always file again in eight years. In my view, such a course of action would be immoral.

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