Debunking Bankruptcy Myths in California

Understanding Bankruptcy: Clearing Common Misconceptions

If you’re under a mountain of debt, the idea of filing for bankruptcy must have crossed your mind. But, like many people, you’re afraid to consider it. This fear may be caused by the many misconceptions surrounding bankruptcy. Let’s take a look at some of these bankruptcy myths and see if we can get to the truth.

Myth 1: Bankruptcy Filing is Not an Option for Me

Because of certain laws passed in the early 2000s, many people mistakenly believe they cannot file for bankruptcy. This is not true. The process may be a bit more complicated now, but most people can easily file for bankruptcy by retaining an experienced bankruptcy attorney.

Myth 2: Bankruptcy Reflects Personal Failure

Nothing could be further from the truth. Many notable people have had to file for bankruptcy at some point in their lives, including Presidents Jefferson, Lincoln, Grant, McKinley, and Trump. Other successful people who have sought debt relief through bankruptcy include Henry Ford, Walt Disney, Milton Hershey, H.J. Heinz, and J.C. Penney, to name a few. Life happens, and bankruptcy was designed to help hardworking people get a fresh start if they get into financial trouble.

Myth 3: Bankruptcy Will Destroy My Reputation

Unless you are particularly famous, no one will know about your bankruptcy except your creditors and the people you choose to tell — it’s not like you’re going to have to wear a scarlet letter B around your neck.

Myth 4: I Will Lose All My Assets in Bankruptcy

A lot of people believe this myth, but it’s just not true. In California, you get to keep your house, car, retirement plan, household goods, clothing, personal effects, personal injury claims, tools of trade, burial plot, and more. An experienced attorney can help you protect your assets.

Myth 5: Obtaining Credit Post-Bankruptcy is Impossible

On the contrary, filing bankruptcy erases your debt, making you look more attractive to creditors. This is both good and bad. It’s good because you can get credit but bad because you don’t want to get into debt trouble again. Immediately after your bankruptcy is complete, you’ll start getting credit card offers.

The problem? They will have extremely high interest rates. It’s best to avoid these credit cards and build up a strong credit rating before accumulating debt again.

Myth 6: Bankruptcy Means a Decade of Poor Credit

While a bankruptcy may stay on your credit report for the next ten years, that doesn’t necessarily hurt your credit rating. If you’re considering filing bankruptcy, your credit is already in pretty bad shape. A bankruptcy will get rid of your debt and allow you to start building a better credit rating.

Myth 7: Post-Bankruptcy Property Ownership is a Dream

This is not true. Filing bankruptcy does not prohibit you from buying or owning property. In fact, getting rid of your debt burden through bankruptcy makes it easier to get a loan to buy property.

Myth 8: My Spouse Must File for Bankruptcy with Me

Not true. Although, in many cases, it makes more sense for you and your spouse to both file for bankruptcy if you both have a lot of debt, it is not required. The good thing is that you and your spouse can both file for bankruptcy for one fee.

Contact a Trusted California Bankruptcy Attorney Today