Bankruptcy * Bankruptcy Alternatives * Chapter 7 * Chapter 13 * Bankruptcy Debt * Credit Debt

Bankruptcy Alternatives to Filing Chapter 7 or Chapter 13 Bankruptcy

Last Updated: March 8, 2011

So many people have asked me about bankruptcy alternatives and bankruptcy debt that I've decided to publish my standard response. There is no easy way to get out of debt. Some hard choices are in front of you but there are always alternatives to the long-lasting effects of bankruptcy and bankruptcy debt.

There are five basic strategies for getting your debt back under control. I've listed them in order of best (1) to worst (5) in terms of the effect they will have on your credit:

1. If your credit isn't in terrible shape, can you reduce your other expenses while you pay the debt off? Perhaps some fairly painless changes to your lifestyle can bring your bills in line with your income. If not, some hard choices may be required. Some examples:
   
   
   • Do you really need things like cable T.V.? Get rid of the extraneous expenses.
   • Ask a relative for a loan.
   • Can you do without the second car? Sell it.
   • Pull equity out of your home by refinancing.
   • Apply for a non-secured signature loan.
   • Sell your home, pay off your debts with the proceeds, and rent.
   • Cash out your 401K/retirement benefits.
   • Sell those family heirlooms/jewelry/guns that are too valuable to use anyway.

2. Sometimes the best way out of your financial situation, especially if your problem is credit card debt, is to just not pay your bills, and save the money you would have put towards minimum payments into a savings account. Really. Find out more about this here.

3. If you are willing to negotiate with your creditors (meaning long conversations on phones, letter writing, dealing with less-than-cooperative (or shall we say hostile?) customer service people) you can try and settle your debts yourself for less than you owe, sometimes without damaging your credit rating. Get all the details here.

4. If your credit is already hosed and the suggestions above won't make a dent in your debt, I'd suggest going through Consumer Credit Counseling Services (CCCS). Check your Yellow Pages for the local office. CCCS will give you a plan for paying off your debts as if you were in a Chapter 13 bankruptcy without ever filing a bankruptcy. More about CCCS.

5. If Consumer Credit Counseling Services (or CCCS) won't take you, you may want to consider bankruptcy. Doing a Chapter 13 bankruptcy takes longer, but your credit is in a little better standing than it will be if you file Chapter 7. You have up to 5 years to pay off your debts when you file Chapter 13 bankruptcy. Another plus is the bankruptcy drops off 7 years from the date you FILE, not finish. Therefore, you will have the bankruptcy for a maximum of 7 years.

6. If you are so far in debt that you will never be able to repay it, the best solution may be a Chapter 7 bankruptcy. A Chapter 7 bankruptcy is the least desirable credit-wise but you are typically out of bankruptcy in 6 months and you don't have to repay any debt. One disadvantage is that this shows on your credit report for 10 years from the date of filing your bankruptcy. Another disadvantage is that creditors are starting to tighten their credit requirements. You may have a tough time getting financing in the future.

There is no magic solution for getting out of debt. Don't believe anyone who tells you otherwise.