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  • Should I File Bankruptcy

    One of the most common mistakes made by people facing financial difficulties is waiting too long to speak with an attorney. There are many things that can be done to prepare for and even prevent a bankruptcy. For example, we are frequently able to negotiate with creditors to significantly reduce a debt and decrease or even eliminate interest payments, thus resolving the need to file bankruptcy. However, avoiding bankruptcy is not in every client’s best interest. As attorneys, we are also counselors. This means talking to our clients about both the positive and negative consequences of bankruptcy, and then guiding them through whichever process is best for their unique situation.

    Listed below are some of the positive and negative consequences of filing for bankruptcy:

    POSITIVES:

    • – All creditors are prevented from contacting you and trying to collect their debt.
    • – From the day you file, your stress level will be substantially reduced.
    • – Unsecured debts (such as credit cards) will be discharged.
    • – You can often maintain important assets such as your car and home.
    • – Your creditors may be prevented from filing suit against you.

    NEGATIVES:

    • – It is usually very difficult to obtain a credit card soon after filing.
    • – It may take several years before you will qualify for a home mortgage.
    • – It will be on your credit score for up to 10 years.
    • – Some debts, such as student loans, court fines, child support, spousal maintenance, and tax liabilities less than three years old will not be discharged.

     

    If you are not sure whether you should file for bankruptcy, call Carr Law at (801) 810-7002 for a bankruptcy attorney in Salt Lake City or (435) 243-7002 for a bankruptcy attorney in Tooele. We can sit down and chat, free of charge, and discuss your options so that you can make the best decision possible.