Bankruptcy: Exhausting Options

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by: Hollie Wilcox
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Word Count: 359
Date: Sat, 1 Aug 2009 Time: 11:18 PM
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After exhausting other options to alleviate their financial stress, such as debt consolidation, some consumers may opt for filing bankruptcy. Before taking this step, it is a good idea to have an understanding of what will occur when you declare bankruptcy. Many consumers have many questions regarding the consequences of a bankruptcy declaration.

Bankruptcies can be fairly short term. For instance, they may be completed within one year. However, they can last longer in some cases. When the bankruptcy ends it is said to be discharged. When this occurs many people believe that is absolves responsibility for all debts. This actually is not the case. Certain types of debt may still be the responsibility of the consumer even though the bankruptcy was filed and discharged. These types of debts may include debts that were incurred as a part of fraud, fines or penalties. Debts owed as damages or maintenance still must be paid by the consumers unless the court gives permission to cease payment.

Many people wonder what might happen to their assets if they declare bankruptcy. There are specific guidelines as to what items can be kept and what items must be sold to pay off creditors. Any assets acquired during the bankruptcy, before discharge, must be reported as they could be seized to pay off some of the debts in the bankruptcy. Even when the bankruptcy ends, you will not get these items returned to you. Don't contemplate hiding these assets. Hiding them is viewed as not being cooperative with the bankruptcy order and can have legal consequences.

If this is not your first time declaring bankruptcy, you need to see what restrictions might be placed upon you since you've been down this road before. Also be cautious not to incur any debts while you are waiting for your bankruptcy to discharge. If this should happen and you cannot pay them, you would enter into a new bankruptcy which will usually have more dire consequences than your first bankruptcy order did. In some cases, the debtor can face prosecution. This is even more so if you incurred the new debts without revealing your pending bankruptcy to creditors.

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For more information or debt advice, visit the experts at www.debt-free.org.uk today.