Six-Step Simple Strategy to Avoid Bankruptcy (2024)

Filing for bankruptcy is pretty much a last resort when you absolutely cannot see any other way out of your financial problems and need a personal finance do-over. The problems caused by filing for Chapter 7 go way beyond just losing some of your current assets and can haunt you for years. Doing everything you can to avoid bankruptcy before you make that leap could save you a lot of hardship down the road.

Bankruptcy would be considered a nasty four-letter word if it weren’t so long. The most common form of personal bankruptcy, Chapter 7, uses your personal assets to pay debts and then clears most of the rest. It can seem like an easy solution to get out of debt but will appear on your credit report for up to ten years.

Having that bankruptcy on your credit report will make it nearly impossible to get any new loans for quite a while. The bankruptcy will destroy your credit score and some lenders won’t even consider you if you have a Chapter 7 on your report. If you are able to get a loan, you’ll pay thousands more on high interest rates.

You may even have trouble getting a job in certain sectors like banking or finance until the bankruptcy comes off your credit report. Sometimes there’s no way to avoid filing bankruptcy but making an effort will go a long way to keeping your finances in order.

6 Ways to Avoid Bankruptcy

Some of these six steps to avoid filing bankruptcy can be used together while others will work on their own. I’ve tried to arrange them from the best to worst in terms of effectiveness and financial hardship.

Six-Step Simple Strategy to Avoid Bankruptcy (1)1) It all starts with laying everything out on the table. Look at your spending over the last three months. Track your spending down to the dollar and find exactly where your money has been going. Being able to pay your bills and avoid bankruptcy may be as simple as understanding which bills are really important, which bills you can cut and which ones you have to keep paying.

Try listing all your expenses by importance or need, without even thinking about the monthly cost. A lot of people have all kinds of little expenses, stuff that adds up to only $20 or so each month. It’s not really that important to them but they figure it doesn’t cost very much so why not pay it. This is going to be the best and first place to cut, all these little things that add up and end up breaking your budget.

We talked about one debt payoff trick in an earlier post on three credit score hacks to getting a loan. The debt snowball method is a great way to pay off your bills and stay motivated to keep on your budget. Instead of paying off the high-interest loans first, you arrange your debt by amount. You make the minimum payments on all bills but put any extra money to paying off your smallest debts first. It’s great seeing debts drop off your list and it can be a great motivator to keep a budget.

2) If you still can’t pay your bills after cutting your monthly spending down to the bone, you’re going to have to sell some assets. If you file bankruptcy, you’re going to have to sell most of your possessions anyway so you might as well do it now and avoid bankruptcy.

Basically anything other than your home and one car is up for sale in a bankruptcy. If you’ve got a second car, you might be able to get a good price and wipe a lot of debts off your budget. How many TVs and computers do you really need? Do you have furniture in a room that you don’t even use? Check out this post for selling on Craigslist for how to get the most from your stuff and even how to make extra money on the site.

You might not get much for some of your stuff but just like cutting your budget, every little thing helps and can put you back on track and out of the way of Chapter 7.

3) Your third option to avoid bankruptcy is through a consolidation loan. This is where you take out an unsecured personal loan to pay off your other debts. You don’t have to pay off all your other debts with the consolidation loan but it helps to pay off any high-interest debt and to give you a little bit of a monthly cushion.

If you’re facing bankruptcy, your credit score probably isn’t great so check out these top 10 bad credit personal loan sites. You’ll need a higher credit score for a loan from p2p sites like Lending Club but can get a loan from Avant Credit with a much lower score. I like Avant because there’s no origination fee so you don’t have to pay anything off the top and you can refinance later when you have a higher score for a lower interest rate.

Your consolidation loan will mean another bill each month so make sure you use it to pay off other debt. Since your loan is spread over three or five years, your monthly payments might be lower than your current debt and you’ll be saving money on interest.

4) If you have been paying your mortgage for a while, you may have equity that you can refinance or restructure. You won’t lose your home in a bankruptcy anyway but you might be able to lower your monthly payment or get enough cash out of your home equity to pay off other bills and get back on your feet.

5) If you’ve tried all the above steps and still don’t think you’ll be able to avoid bankruptcy, you might consider debt settlement. You’ll contact one of the debt companies like Curadebt for initial counseling and to work out a settlement plan.

Most of these debt settlement plans start by stopping all payments to creditors. The settlement company wants you to do this to give it more negotiating power with the creditors. It is going to destroy your credit score but you will be able to settle your debt for less than what you owe after a year or two.

Debt settlement looks bad on your credit report but it’s not quite as bad as a bankruptcy. Lenders will see that you tried paying off at least some of your debt which will make getting future loans a little easier.

6) This last step to avoid bankruptcy may be better than working with a debt settlement agency but it’s also harder to ask. Friends and family might be able to lend you the money to pay off some of your debts and avoid financial ruin.

This is a tricky one because destroying your relationship with family can be just as bad as destroying your credit. Make sure everyone involved knows whether it is a loan or money that doesn’t need to be repaid. If it is a loan, then do everything you can to repay it.

Six-Step Simple Strategy to Avoid Bankruptcy (2)

Filing bankruptcy may be the only solution if you’ve worked through these six steps and see no way to avoid Chapter 7. It’s also better than struggling for years and getting nowhere. Don’t think bankruptcy is an easy solution though and try everything you can to avoid it.

Six-Step Simple Strategy to Avoid Bankruptcy (2024)

FAQs

What are the six different types of bankruptcy actions? ›

Bankruptcy Basics
  • Process.
  • The Discharge in Bankruptcy.
  • Chapter 7. Liquidation Under the Bankruptcy Code.
  • Chapter 9. Municipality Bankruptcy.
  • Chapter 11. Reorganization Under the Bankruptcy Code.
  • Chapter 12. Family Farmer Bankruptcy or Family Fisherman Bankruptcy.
  • Chapter 13. Individual Debt Adjustment.
  • Chapter 15.

How can I save myself from bankruptcy? ›

How to Avoid Filing for Bankruptcy
  1. Try to Minimize Spending.
  2. Look to Maximize Income.
  3. Consider Consolidating or Settling Debts.

What would be the best way to avoid credit problems and bankruptcy? ›

The bottom line

Consider enrolling in a debt relief service, cutting your spending, increasing your income and selling some assets to pay off what you owe before filing for bankruptcy. And, be sure to stay in communication with your lenders, as they may be willing to help you when you're unable to afford what you owe.

How can having a budget help you to avoid bankruptcy? ›

How Budgeting Can Help You Avoid Bankruptcy
  1. Get Organized. The first step in planning out your budget is to get organized. ...
  2. Know What You Owe. Before you can really begin to tackle your debt, you need to know how much you owe. ...
  3. Compare Your Income to Your Expenses. ...
  4. Cut Your Spending. ...
  5. Create a Debt Repayment Plan.
Sep 7, 2023

What are the five steps in bankruptcy? ›

  • Step 1: Find a Good Attorney. First, it's important that you find an attorney who is experienced with bankruptcy law. ...
  • Step 2: Conduct a Bankruptcy Counseling Session. ...
  • Step 3: Filing for Bankruptcy With the Court. ...
  • Step 4: Liquidation or Repayment. ...
  • Step 5: Complete a Debtor Education Course. ...
  • Step 6: Debt Discharge.
Aug 17, 2019

What are the three 3 most common causes of bankruptcy? ›

Common reasons that people file for bankruptcy include loss of income, high medical expenses, an unaffordable mortgage, spending beyond their means, or lending money to loved ones. Often, bankruptcy is a result of several of these factors combined.

What does Dave Ramsey think about bankruptcy? ›

In short, he believes it should be the last resort, comparing it to filing for divorce. Just like divorce, bankruptcy should only happen after you have tried everything else to fix your financial situation. Dave Ramsey is passionate about personal finance, and his "Baby Steps" have helped many people.

Can you get an 800 credit score after Chapter 7? ›

Can I get an 800 credit score after bankruptcy? While achieving an 800 credit score following bankruptcy is possible, it will take time and hard work. Above all, it is important to pay your bills on time each month and keep your credit card balances low.

What debt does bankruptcy forgive? ›

For instance, Chapter 7 bankruptcy covers or "discharges" credit card balances, medical bills, past-due rent payments, payday loans, overdue cellphone and utility bills, car loan balances, and even home mortgages in as little as four months.

What is the best alternative to filing bankruptcy? ›

Bankruptcy Alternatives
  • Debt Settlement. ...
  • Debt Consolidation. ...
  • Sell Assets. ...
  • Credit Counseling. ...
  • Borrow Money from Friends or Family. ...
  • Find a Way to Earn Extra Income. ...
  • Restructure or Refinance Your Mortgage. ...
  • Lower Expenses Making Changes to Your Budget and Lifestyle.

Why you should avoid bankruptcies? ›

Credit Will Be More Expensive and Limited. After declaring bankruptcy, you'll have to work hard to raise your credit score. You will likely face limited access to credit and very high interest rates until you can rebuild your financial reputation.

Is it better to file bankruptcy or just stop paying your bills? ›

If you'll still have to pay your most worrisome bills after filing for bankruptcy, then filing probably won't be a good idea. On the other hand, if filing for bankruptcy gets rid of enough debt that you'll have more money to devote to nondischargeable debt, bankruptcy might still help.

Can you hide income in bankruptcy? ›

Hiding cash in Chapters 7 and 13, as well as other assets, will prompt a bankruptcy trustee investigation because filing for bankruptcy is a transparent process. In exchange for having your debts "discharged" or wiped out, you must list your income, everything you own, and all your debts on your bankruptcy paperwork.

Do poor people file for bankruptcy? ›

Chapter 7 of the Bankruptcy Code is often referred to as the low income bankruptcy option for individuals and couples who are struggling with debts. By filing a low income bankruptcy case, you might be able to get rid of all your unsecured debts so that you can recover and rebuild after a financial crisis.

What are the different types of bankruptcy and what do they mean? ›

Hence, we have the following bankruptcy types: Chapter 7 (liquidation), Chapter 9 (adjustment of debts of a municipality), Chapter 11 (reorganization), Chapter 12 (adjustment of debts of a family farmer or fisherman with regular annual income), Chapter 13 (adjustment of debts of an individual with regular income) and ...

How many types of bankruptcy is there? ›

The United States Bankruptcy Code provides six types of bankruptcy: Chapter 7, 9, 11, 12, 13 and 15.

What are the main forms of bankruptcy? ›

There are different types of bankruptcies, which are usually referred to by their chapter in the U.S. Bankruptcy Code. Individuals may file Chapter 7 or Chapter 13 bankruptcy, depending on the specifics of their situation.

What are the different types of bankruptcy and how do they differ? ›

Two — Chapter 7 and Chapter 13 — are variations on the personal bankruptcy theme. Chapter 11 bankruptcy is generally for businesses that have hit a bad patch and might be able to survive if their operations, along with their debt, can be reorganized.

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