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How Going Bankrupt Will Affect Your Credit Rating

Posted November 30, 2012 by Jamie Knop to Debt 0 0
This post was written by a EasyFinance.com Community member. The views expressed below may not reflect the views of EasyFinance.com.

Going bankrupt is a way to deal with debts that cannot be repaid. Debts can result from a range of reasons including a failed business, bad planning or divorce. Bankruptcy can sometimes be a relief from living with crippling debt, however it should be considered as a last resort for a number of reasons.

How bankruptcy affect your life

Bankruptcy will affect your credit rating and this can influence your choices for the rest of your life. Although the terms of the bankruptcy are usually 12 months, your bankruptcy will show on your credit report for a minimum of six years. During this time, you are legally required to declare your bankruptcy if you are applying for credit of 500 or more. Some organisations will refuse you credit simply because you have been bankrupt or you may be charged a higher rate of interest. Some mortgage companies will not grant you a mortgage if you have ever been bankrupt. Bankruptcy may also have an effect on some types of employment. Going bankrupt could also mean that you lose your house, your car and your bank accounts will be closed and assets shared amongst the organisations that you owe money to.

An alternative to bankruptcy

An alternative to going bankrupt is an Individual Voluntary Arrangement (IVA). But what is an IVA? An IVA offers a credible option for many people to deal with their debts. It is a government scheme to help people repay their debts and avoid bankruptcy. The IVA forms an agreement between you and the companies you owe money to. The agreement is arranged through an insolvency practitioner or IVA expert to repay your debts on a monthly basis. The insolvency practitioner will work out what you can afford to pay. There is usually an initial set up cost and a handling cost for the monthly payments. The IVA can only cover unsecured debt so can't help with your mortgage or council tax and there are certain criteria that you need to meet to qualify for an IVA, such as owing more than 10,000 and having two or more creditors.

Benefits of an IVA

An IVA will still have an effect on your credit rating in similar ways to bankruptcy. However, if you are a homeowner, then an IVA is often a better option for you as your home will be protected, whereas in bankruptcy your home it likely to be sold to pay creditors. An IVA may also be a preferable option to bankruptcy if you are in certain types of employment.

Another benefit of an IVA is that monthly payments generally last for 60 months. Any unpaid debt after this period will be written off, although it is important to keep up repayments, otherwise bankruptcy may be the only option.

Once you have decided that you require an IVA, you will need to find an insolvency practitioner. They will be able to provide you with advice and guidance as well as setting up the IVA for you.

 

Understanding the Differences Between Chapter 7 and Chapter 13 Bankruptcy

When considering bankruptcy, it’s essential to recognize that Chapter 7 and Chapter 13 serve different purposes and have distinct eligibility requirements. Chapter 7, often called “liquidation bankruptcy,” allows qualifying individuals to discharge most unsecured debts quickly, but it may require the sale of non-exempt assets. Chapter 13, or “reorganization bankruptcy,” involves a court-approved repayment plan over three to five years, enabling filers to keep their property while repaying creditors gradually. Understanding these nuances helps borrowers choose the right path, based on factors like income level, asset protection, and long-term financial goals. For example, Chapter 13 may be a better option for homeowners at risk of foreclosure, whereas Chapter 7 can provide a faster fresh start for individuals without significant non-exempt assets. Additionally, the choice between chapters affects the timeline for rebuilding credit, eligibility for certain loans, and even the potential to secure a $500 cash advance today as an emergency funding option during the waiting period.

How Bankruptcy Affects Your Ability to Obtain Emergency Loans

Filing for bankruptcy significantly impacts your ability to obtain emergency financing, such as payday loans or quick personal loans. Lenders typically view a recent bankruptcy as an indicator of high risk, making it challenging to secure short-term funding without collateral or a co-signer. However, some lenders specialize in serving individuals with adverse credit histories, offering products like “no credit check” loans specifically designed for those who have recently filed bankruptcy. While interest rates and fees tend to be higher, these options can provide critical funds for urgent expenses. If you find yourself in an emergency situation post-bankruptcy, you might explore options like a i need $1,000 dollars now loan no credit check to bridge temporary gaps. Before committing, it’s important to compare terms carefully, as interest rates can exceed 25% APR, and late payments may result in additional fees or default judgments that could extend the negative impact on your credit profile.

Rebuilding Credit After Bankruptcy: Practical Steps

Once your bankruptcy discharge is finalized, the focus shifts to rebuilding credit. Establishing responsible credit habits early can accelerate the recovery process and help you qualify for better financial products in the future. Start by obtaining a secured credit card, which requires a refundable security deposit and reports payments to the major credit bureaus. Alternatively, consider a credit-builder loan, where the borrowed amount is held in a savings account until full repayment. Regular on-time payments and low credit utilization ratios are crucial: aim to keep credit utilization below 30%. Additionally, diversifying your credit mix can positively influence your credit score over time. For small, short-term borrowing needs, look into small personal loan online options that report to credit bureaus. By making consistent, on-time payments and monitoring your credit reports for inaccuracies, you can significantly improve your credit profile within 12 to 24 months, paving the way for future loans at more favorable rates.

Alternatives to Bankruptcy: Debt Consolidation and Negotiation

Bankruptcy is not the only solution for overwhelming debt. Debt consolidation and negotiation strategies can help reduce monthly payments and interest rates without resorting to a formal bankruptcy filing. Debt consolidation involves combining multiple high-interest debts into a single loan with a potentially lower interest rate, simplifying repayment and potentially shortening the payoff timeline. On the other hand, debt negotiation (or debt settlement) requires negotiating directly with creditors to accept a lump-sum payment for less than the total amount owed. Negotiation may result in a settlement agreement that is reported to credit bureaus, but it’s often less damaging than a bankruptcy notation. If you have limited access to traditional consolidation loans, working with specialized lenders such as private money lenders online can be a viable option for securing funds at negotiated terms. Always weigh the pros and cons of each approach, considering factors like total repayment cost, potential credit score impact, and your own ability to adhere to new repayment terms.

Bankruptcy’s Impact on Employment and Housing Opportunities

While the primary focus of bankruptcy is debt relief, it can also influence job prospects and housing applications. Certain employers, particularly in the financial sector, may perform credit checks as part of their hiring process. A recent bankruptcy on your credit report could raise concerns about financial judgment, although the Equal Employment Opportunity Commission (EEOC) prohibits employment discrimination based solely on bankruptcy status. For renters, landlords commonly review credit history to assess the reliability of potential tenants. A discharge within the last two years may lead to higher security deposits, co-signer requirements, or outright denial of rental applications. However, there are housing programs, private or government-backed, that cater to individuals recovering from bankruptcy. If you require credit to secure housing quickly, you may explore loans for bad credit online guaranteed approval to cover deposit or first month’s rent expenses. It’s also beneficial to include a brief explanatory letter with your rental or job application, highlighting steps taken to manage finances responsibly post-bankruptcy.

Timeline of Bankruptcy on Your Credit Report and When to Expect Improvement

After filing for bankruptcy, it’s crucial to understand how long the notation will remain on your credit report and when you can expect gradual score improvements. Typically, Chapter 7 bankruptcy stays on your credit report for ten years from the filing date, while Chapter 13 remains for seven years. During this period, the bankruptcy entry will weigh heavily on your credit score, but consistent, positive credit behaviors can offset the damage over time. Key milestones include the discharge date which signals the official elimination of qualifying debts—and the first 12 to 24 months post-discharge, when timely payments on any new or existing accounts contribute positively to your score. To manage short-term cash needs during this stage, you might consider taking out a high risk personal loans option if you have limited alternatives, though it’s important to research interest rates and repayment terms carefully. By monitoring credit reports quarterly and disputing any inaccuracies, you can ensure the accuracy of your credit profile and begin to see tangible improvements in as little as one year after your bankruptcy discharge.

 

About Jamie Knop: Author Jamie Knop writing for IVA Expert.

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