The Experience You Need To Pursue The Results You Want

3 ways a bankruptcy filing can benefit someone struggling with debt

On Behalf of | Mar 11, 2024 | Bankruptcy

Debt can accrue very slowly over time due to budgetary shortfalls. Other times, people experience specific personal situations that push them into unsustainable levels of debt. For example, someone might experience a sudden medical emergency that leaves them unable to work and saddled with tens of thousands of dollars in medical debt. It might be a sudden job loss that leaves someone with an untenable amount of personal debt.

Those struggling with personal debt and worried about their finances sometimes decide to file for personal bankruptcy. While many people are averse to the idea of bankruptcy proceedings, there are numerous benefits available to those who file. The following are some of the most significant.

The automatic stay

Creditors often become aggressive when someone falls behind on payments. They may call someone constantly, making them feel stressed about even picking up the phone. Eventually, frustrated creditors and lenders may decide to file lawsuits against borrowers and debtors. Sometimes, collateral property like real estate or vehicles could be at risk. The courts provide an automatic stay that puts a short-term end to collection activity the same day that someone files for bankruptcy. That stay can stop the phone calls and even lead to the dismissal of pending lawsuits.

The bankruptcy discharge

If the bankruptcy filing is successful, the process culminates with a court order and discharging the balances remaining on eligible debts. That discharge means that someone no longer has a legal obligation to pay those debts and should no longer face any kind of collection activity related to those obligations. A discharge gives someone an opportunity to rework their budget and avoid a scenario in which they become overwhelmed by debt again after their bankruptcy.

A reduction of credit report blemishes

Bankruptcy is one of the most significant issues that can turn up on someone’s credit report. However, that comes off after a set amount of time. Someone struggling financially might have numerous judgments, records of past-due payments and other credit issues that can show up on their credit report. In fact, they may continue incurring new blemishes as they continue to struggle financially, which may trap them in a cycle of qualifying for lower-quality credit products and then paying more for their basic needs. Replacing numerous credit issues with one bankruptcy discharge can help someone more rapidly improve their credit circumstances than slowly paying off debts over many years.

Understanding the benefits derived from a personal bankruptcy filing may help people overcome their aversion to taking legal action concerning their financial challenges.