No. Bankruptcy is GOOD! It’s in the Bible, and it’s been in the U.S. Constitution since 1787. Bill collectors, however, have us hypnotized that we need "credit" and we have to pay til we die so we have "credit."
The real question is, "if I get debt discharged in bankruptcy," can I get into debt again? Can I buy a house and car? Can I get another credit card and start fresh?
Yes, Yes, Yes and Yes! You CAN get into debt again, buy a house and car, get another credit card, and start fresh. Here’s why:
Bankruptcy means you list all your debts and ask the Court to discharge your obligations as much as possible. Both Chapter 7 elimination and Chapter 13 repayment end with you getting a Discharge.
As soon as you file, all collection actions must stop, with a few exceptions. Most people who file have bad credit, and a credit score in the 500’s. You cannot get credit when your credit is bad.
So, how does your credit get better by obtaining a Chapter 7 or 13 discharge?
So, if you’re overloaded with debt, don’t be afraid of getting a fresh start. Bankruptcy is not bad, it’s GOOD. Read some of our over 30,000 5-star reviews for actual stories from real Geraci Law clients just like you.
Bankruptcy is a safety valve. Most of my clients have credit scores below 600. Go to Infotapes.com for access to a free credit report. Owing money you cannot pay is bad. Most people end up without money because of circumstances beyond their control. Bankruptcy adjusts the debt situation to 0 again. You start out even. You get a fresh start, while still keeping the necessities of life. But the prevailing attitude about bankruptcy is that is "bad."
Bankruptcy was so important to the Founding Fathers of the United States, that, when the U.S. Constitution was written in 1787, they directed Congress to make uniform bankruptcy laws. Article III, Section 8 of the United States Constitution states: "Congress shall make uniform laws relating to Bankruptcy."
There was little disagreement between the Founding Fathers of the United States of America, when it came to having a bankruptcy law. Freedom from debt was important, and so was the ability to start fresh. Bankruptcy is more fundamental to the United States of America than freedom of the press and freedom from unreasonable searches and seizures.
The origin of bankruptcy can be found in ancient traditions, like the Bible, Deuteronomy 15.1: "In the 7th year, each creditor shall release his debtors. This shall be known as The Lord’s Release." In the Old Testament, it was the policy that a debt could exist only 6 years, and should be relaxed or forgiven in the seventh year. The purpose was to prevent damage to society by allowing a debt to live forever. The lender was cautioned to lend only as much as the borrower could reasonably be expected to repay.
There are other Biblical references to debt, such as St. Paul’s admonition in Romans 13:8; "Strive to owe no debt, except that debt that binds us to love one another." I have found nothing in any religion that states that owing money to another is "good." In the Koran, there is a prohibition against lending money at interest. In most Moslem countries today, Moslems borrow at no interest from "banks of the faithful."
Bankruptcy is not "Bad." Bankruptcy is a fundamental right with origins deeply rooted in our history and heritages.