If you’re facing mounds of debt with few assets and poor cash flow, it’s common for this and other questions to plague your mind. What if I get behind on payments? Will I need to file bankruptcy to keep creditors from suing me or taking my property?

While everyone’s situation is different, the good news is that the answer is almost always, NO! Nine times out of 10, you don’t need to file personal bankruptcy.
So what is “bankruptcy,” exactly?
Bankruptcy is a legal status obtained through the court system when a person or a business cannot pay off their debts. Personal bankruptcy is often filed when the individual can no longer make even minimum payments on their debts. Depending on the legal arrangement, the court may cancel some or all of the money that the debtor owes to creditors.
But there’s a catch.
Bankruptcy doesn’t magically fix any problems.
The first problem with bankruptcy is that it can’t legally free you of IRS payments or student loans–two of the more common debts carried by American households.
The second problem is that filing bankruptcy on property such as a vehicle will require that the creditor repossess it, unless that debt is “reaffirmed.” A reaffirmed debt is debt that you choose to keep in spite of the bankruptcy, and you agree to continue making the arranged payments to that creditor. However, if you begin reaffirming debts, you haven’t solved the ultimate problem of legally owing more than you have.
Third, bankruptcy isn’t free! That’s right. Filing bankruptcy requires an attorney, and the average cost of this legal counsel runs about $2,000.
And fourth: A bankruptcy appears on your credit report for 7 years. And as if that weren’t enough, you have to answer “yes” to the question, “Have you ever filed bankruptcy?” on legal and financial documents till the end of your days on earth.
So what are my options?
If you’re afraid you may be facing bankruptcy, seek outside financial guidance! You’ve already taken the first step. Find a financial coach who can look objectively at the details of your situation and help you develop the best strategy for tackling your debt. Always avoid filing bankruptcy if at all possible, and reserve that option as an absolute last resort.
As always, you can contact me to set up a free 30-minute session to discuss your specific situation.