How to Avoid Bankruptcy (2024)

While it may be the prudent thing if you have hit the perfect storm of setbacks, avoiding bankruptcy and paying off all debts is the best decision for most people.

Credit missteps are recorded in your credit reports for a period of seven years. Bankruptcy is such a significant hit to your credit, that you probably won’t be able to borrow money, get an unsecured credit card, or any of the other common ways to use other people’s money until that 7 year period is passed.

This happens for a reason. Credit reporting agencies determine that if you go bankrupt, you aren’t someone who can handle more credit, and they’re usually right!

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Ways to Avoid Bankruptcy

When we are talking about any problem there are usually two paths to take, preventative measures and clean up measures. So whether you are on the edge of going into bankruptcy or just concerned about it being a possibility in the future, this list has some good ideas for you.

Do a Budget

If you aren’t doing a budget and you are thinking about bankruptcy, then you haven’t taken the most basic of steps in getting your finances in order. Take the time, get your budget going, because you will never know if you can pay your bills if you aren’t spending your money on paper, each month before the month begins.

I promise if you have never done a budget before, you are going to find some areas where you are overspending. Finally, expect your budget to not work exactly right for the first couple of months. Most people take 90 days to get a budget that accounts for all spending and income.

Put together an Emergency Fund

One of the quickest ways to get yourself into a debt bind is not have a pool of money in savings that is just for emergencies.

If you are in the process of paying off debt you should consider having an emergency fund of $1,000 to $2,500 dollars. Those who have paid off all their debt except for the house should have three to six months of expenses saved up.

Eliminate your Debt

Some people get nervous just thinking about having debt, while others don’t get serious until they start missing payments. No matter what your tolerance, having debt can really hold you back from reaching your goals.

When my wife and I starter our debt freedom march we used the debt snowball to organize and eliminate our debts one by one. There are other tactics, but this one worked very well for us.

Pick up a Side Hustle

If you are not paying your bills on time then you have two options, cut expenses or make more money. Since you made it this far you know that your monthly budget is the best way to identify where to cut spending, but if that doesn’t get you to breaking even on your bills, then pick up a side job.

While pizza delivery seems to be the go to job for making some extra buck, there are other ways to make money fast that may offer more flexibility. Becoming a driver for Uber or even doing some online work can really help your cash flow and keep you from bankruptcy.

Check Your Credit Report Every Four Months

You can check your credit report for free from each of the three credit bureaus using annualcreditreport.com. You do not have to get all three reports at the same time so get one every four months to make sure that the report is clean and you are not getting hit by either identity theft or debts you forgot about.

Keep Track of your Credit Score

By having some sort of credit monitoring service you can make sure to catch when something weird is going on with your credit report. Since most of these services give you monthly or weekly updates, you can quickly know when something is going wrong with your credit.

Also, more services are checking your credit score to determine your rates. This can be insurance or any situation where you have to make monthly payments.

Individual Voluntary Agreement (IVA)

An individual voluntary agreement uses the mediation of an IVA company to help you reach an agreement with your creditors.

When your creditors understand that you are on the verge of bankruptcy, they realize that they are on the verge of not getting paid back at all. At this point, most businesses will be willing to cut their losses, only taking the money from you that they can get without making your choose bankruptcy.

A company like Creditfix – IVA facilitators – will put all of your outstanding debt into one single payment, paid monthly. It will be determined according to what you are able to actually pay, without the possibility of ongoing interest, fees, and debt growth from the companies you owe.

It has a period of only 5 years, meaning you can get back to your feet more quickly than (and without the huge credit hit of) bankruptcy allows.

Talk to Your Creditors

If you are on the edge of not being able to make payments or you have started missing payments, it is imperative that you talk to your creditors and explain your situation.

Your creditors have no interest in you going bankrupt. They want you to keep paying your bills so they can keep collecting interest.

If you go into bankruptcy, your creditors will immediately stop getting paid and they then must justify to a court why they should be a priority in getting paid. Talk to your creditors and get on a new payment plan to get your debt paid off.

Consolidate

I am not a big fan of debt consolidation. The reason is, consolidating debt doesn’t fix the behavior that got you into debt in the first place. In fact it frequently allows people to afford the payments and go out and get more debt.

However, if you can adjust your debt accumulating behavior, consolidation can be a great way to get some traction in paying off all your debt instead of hitting the bankruptcy courts.

Final Thoughts on Bankruptcy Alternatives

Bankruptcy is being used way too much by the public at large, instead of learning sound financial principles.

If you are considering bankruptcy, take as many of the steps above as possible so you can save your credit and learn how to manage your money and spending so you never end up in this situation again.

How to Avoid Bankruptcy (2024)

FAQs

Is there a way to avoid 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 to escape from bankruptcy? ›

Tips for recovering from bankruptcy that you can start working at now
  1. Save all paperwork from your bankruptcy case.
  2. Start saving money.
  3. Build a budget.
  4. Reestablish good credit.
  5. Regularly monitor your credit reports.
  6. Maintain your job and home.
  7. Make an emergency fund.
  8. Set financial goals.
Dec 5, 2023

Is there a better way than bankruptcy? ›

Bankruptcy Alternatives. Your options to avoid bankruptcy include debt management plans; debt consolidation loans and debt settlement.

How to protect yourself from bankruptcy? ›

Consider Consolidating or Settling Debts

Debt consolidation, in which several high-interest debts are paid off with one lower-interest loan, is often mentioned as a tool to avoid bankruptcy.

How to settle debt without bankruptcy? ›

How to Get Out of Debt Without Filing Bankruptcy
  1. Follow a Strict Budget. It may seem obvious, but planning and following a strict, bare-bones budget is often overlooked as a first step for getting out of debt. ...
  2. Choose a Payoff Strategy. ...
  3. Try a Balance Transfer. ...
  4. Consider a Consolidation Loan. ...
  5. Discover a Debt Management Plan.

Is it better to file bankruptcy or not? ›

Bankruptcy can often reduce or eliminate your debts, save your home, and keep bill collectors at bay. But it also has serious financial consequences, including long-term damage to your credit score. That, in turn, can affect your ability to borrow in the future.

What makes you ineligible for bankruptcy? ›

You can't file for Chapter 7 bankruptcy if you or the court dismissed a previous Chapter 7 or Chapter 13 case within the past 180 days because of one of the following reasons: you violated a court order. the court ruled that your filing was fraudulent or constituted an abuse of the bankruptcy system, or.

Can bankruptcy go away? ›

A bankruptcy expires, or "falls off" your credit report after 10 years if you file for Chapter 7 bankruptcy, or after seven years if you file Chapter 13 bankruptcy. In both cases, the expiration timeline is dated from the month you first filed for protection with the court (not when the bankruptcy procedure ends).

Can you file for bankruptcy and still be rich? ›

No Income Limits for Chapter 13 Bankruptcy

After completion, the bankruptcy court will discharge most remaining unsecured debt balances. There's no limit to the amount you earn in Chapter 13 bankruptcy. However, it's relatively common not to make enough to pay all required expenses.

How long will bankruptcy hurt me? ›

One of the cons of filing chapter 7 bankruptcy is that it will negatively affect your FICO score for 10 years. A Chapter 13 filing, because it involves partial repayment, remains on your record for seven years after receiving a Chapter 13 discharge or dismissal.

How can I hide my money from bankruptcy? ›

How Do People Hide Assets and Cash in Chapter 7 and Chapter 13 Bankruptcy?
  1. lying about owning assets.
  2. transferring assets into someone else's name or giving them to someone to hold, and.
  3. creating fake liens or mortgages to make the assets seem like they have no value.
Apr 11, 2024

Is filing bankruptcy embarrassing? ›

Bankruptcy was specifically designed to help people bounce back from financial hardship. You shouldn't be embarrassed about your bankruptcy because it means you're taking action to get back on track. Without the weight of debt hanging over your head, you'll be able to build the foundation for a stronger future.

Can they decline bankruptcy? ›

5 Reasons Your Bankruptcy Case Could Be Denied

The debtor failed to attend credit counseling. Their income, expenses, and debt would allow for a Chapter 13 filing. The debtor attempted to defraud creditors or the bankruptcy court. A previous debt was discharged within the past eight years under Chapter 7.

What happens if you stop bankruptcy? ›

In other words, your creditors will be allowed to resume collecting on their debts, potentially repossessing your assets or foreclosing on your property. You will owe your creditors whatever was due before initiation of your bankruptcy case, minus the payments that were made while your case was active.

How a person who wants to avoid bankruptcy may benefit from seeing a credit counselor? ›

In that case, a credit counselor can review your spending and income and help you identify areas where you could improve and create more money to apply to debt repayment. A credit counselor can also discuss debt repayment strategies to help you choose a method that works best for you.

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