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June 2023

How Chapter 13 Bankruptcy Affects Your Credit Score

By Bankruptcy Law, Chapter 13 Bankruptcy No Comments

Bankruptcy affects your credit score. But what are the short and long term effects?

When considering filing Chapter 13 Bankruptcy, one of the most common questions asked is “how will filing Chapter 13 Bankruptcy affect my credit score?” In short, the answer is that filing Chapter 13 Bankruptcy will damage your credit score. However, even though filing Chapter 13 Bankruptcy will damage your credit score, it doesn’t have to permanently affect your financial well being. To truly answer this question, let’s break it down a bit more.

DISCLAIMER: The following blog post is just advice, and you will be better served to call David S. Clark with your bankruptcy questions. This blog contains helpful tips and advice, but is not professional legal advice, and shouldn’t treated as such.

Need Bankruptcy Help? Call David S. Clark

What is the purpose of a credit score?

Credit scores are intended to show the likelihood of you paying your bills on time. Creditors use your credit score and credit report as some of their factors when determining whether or not to lend to you. Because the nature of Chapter 13 Bankruptcy means that you have been unable to repay all your debt in the past, it sends a negative message to creditors.

There are no two ways about it; filing Chapter 13 Bankruptcy is not good for your credit score. But, it is important to know that the negative impact of Chapter 13 Bankruptcy on your credit score is not permanent, and doesn’t have to keep you from improving your financial situation. 

How long is Chapter 13 Bankruptcy on my credit report?

The good news is that Chapter 13 Bankruptcy only stays on your credit report for 7 years. It is important to note that this does not mean your credit score will be damaged for 7 years. Usually, about 2 years after taking the initial hit from filing Chapter 13 Bankruptcy, your credit score will significantly increase, so long as you have financially responsible practices in place.

Even though the Chapter 13 Bankruptcy will remain on your credit report for 7 years, you will still be able to get credit. 7 years after the day you file Chapter 13 Bankruptcy, you will be able to contact the credit bureau and request your bankruptcy to be removed from your report. 

What effect does Chapter 13 Bankruptcy have on my credit score?

There is no set number of points that your credit score will drop by, because it depends on multiple factors like your current score and past negative items. Generally, the higher your current score, the higher the hit will be.

As you rebuild your credit score, you will still be able to receive credit. However, the effect of having a low credit score is that you will receive credit at a higher interest rate. 

How do I rebuild my credit score after Chapter 13 Bankruptcy?

The process of rebuilding your credit score after Chapter 13 Bankruptcy is essential. Practicing financially responsible habits like paying your bills on time is of utmost importance. There are also other practices that can help boost your credit score like using a secured credit card and keeping a low credit card balance. Read more about rebuilding after Chapter 13 Bankruptcy here.

David S. Clark, Your Auburn & Opelika Personal Bankruptcy Attorney 

Even though it can feel stressful and discouraging, filing Chapter 13 Bankruptcy is not the end for your credit score. Rebuilding your credit score is possible when you practice good financial habits. David S. Clark is an experienced bankruptcy attorney who understands the complications of life after bankruptcy. If you need help navigating Chapter 7 or 13 bankruptcy, contact David S. Clark today!

DISCLAIMER: The above blog post is just advice, and you will be better served to call David S. Clark with your bankruptcy questions. This blog contains helpful tips and advice, but is not professional legal advice, and shouldn’t treated as such.

Is Chapter 7 Bankruptcy Right For Me?

By Bankruptcy Law, Chapter 7 Bankruptcy, Financial Tips No Comments

Are you considering filing bankruptcy?   

When considering bankruptcy, it is important to examine all of your financial options. Most personal bankruptcy cases fall under Chapter 7 bankruptcy or Chapter 13 bankruptcy. Also known as liquidation bankruptcy, Chapter 7 bankruptcy involves selling most of your assets to pay off debts.

If you’re an Auburn or Opelika resident wondering if Chapter 7 is right for you, here are a couple of essential questions you need to ask yourself.

Can I avoid bankruptcy?

Simply put, bankruptcy is when someone cannot pay their outstanding debts with the resources they currently possess. You may find yourself in this situation due to unemployment, incurring a significant amount of medical debt, or many other reasons. Just because you are in one of these situations does not always mean bankruptcy is your only option. It is best to speak with a bankruptcy lawyer to ensure that filing for bankruptcy is the best solution for you. Read more here.

When you are uncertain about what next step to take, there are experienced and knowledgeable bankruptcy attorneys like David S. Clark in the Auburn and Opelika area that can help you sort through all of your options and determine your best next step.

 

What kind of debt is discharged in Chapter 7 Bankruptcy?

Not all forms of debt are created equal, and not all debts can be discharged through Chapter 7 bankruptcy. Before deciding if Chapter 7 bankruptcy is right for you, consider what kind of debt you are looking to discharge.

Some common forms of debt that are dischargeable through Chapter 7 bankruptcy include: 

  • Credit card balances (including overdue and late fees)
  • Medical bills
  • Personal and payday loans 
  • Mortgage or automobile loans for which you are unable to pay
  • Utility bills
  • Social Security overpayments
  • Veterans’ assistance loans and overpayments

Some common forms of debt that are non-dischargeable include:

  • Child support
  • Alimony
  • Student loans
  • HOA fees
  • Secured debts

 

What could I be giving up?

Giving up physical assets to help balance debt is required in most cases. Items that can be taken by the state to help balance your debt are known as nonexempt assets. Exempted assets are those that cannot be taken by the state to balance your debt. Learn more here.

Bankruptcy laws generally exempt assets that are deemed as necessities to life, such as:

  • Your car (depending value)
  • Your home (depending on its value)
  • Clothing 

Some typically nonexempt items may include:

  • Property that is not your primary home
  • A newer model vehicle with equity
  • Investments
  • Valuable artworks
  • Jewelry

 

What does the Chapter 7 Bankruptcy timeline look like?

After being filed, a Chapter 7 bankruptcy case in the Auburn and Opelika area can typically be resolved in about 4 months when conducted by an experienced personal bankruptcy attorney such as David S. Clark. Filing for Chapter 7 bankruptcy can give you a financial reset, telling creditors to take a step back and giving you some breathing room to figure out your next steps without the added stress of having to deal with them.

Once you have successfully discharged your debts, you can begin to rebuild your credit through financially responsible practices such as paying bills on time, keeping a low credit card balance, and limiting applications for new credit. 

 

Who can help me navigate Chapter 7 Bankruptcy?

Although the process of filing for bankruptcy and the process to financial recovery can be stressful and difficult, there are personal bankruptcy attorneys like David S. Clark who are more than willing to walk with you through this process. You do not have to go into this battle alone. Having an attorney present during the process of filing for bankruptcy takes some of the load off your shoulders and guarantees you are taking all of the correct steps. 

If you’re an Opelika or Auburn, Alabama resident struggling with the weight of overwhelming debt and seeking the financial advice, wisdom, and encouragement of an experienced bankruptcy attorney, contact David S. Clark! You can get started by requesting a free consultation today. 

DISCLAIMER: The above blog post is just advice, and you will be better served to call David S. Clark with your bankruptcy questions. This blog contains helpful tips and advice, but is not professional legal advice, and shouldn’t treated as such.