Bankruptcy Truth

by Kim Staudenraus on November 2, 2007

bpbMany people in debt think “I’ll just file bankruptcy and start over, it’s easy”.  The people who say that are in denial.  Sure, the process might be easy (actually easier than I think it should be) but the hard facts are that bankruptcy will change you life for a long time (by the way most bankruptcy lawyers won’t tell you that part cause even they just want your money).

If you are thinking about filing for bankruptcy or maybe in the middle of it right now, you know it is not fun. But did you know that it could effect your job? Yes it can, many employers frown on bankruptcy of their employees, thinking “if they can’t manage their own finances how will they handle those of the company?” Also, many employers consider financially distressed employees as a greater risk for embezzlement or theft. When searching for a new job if a credit report is run and a bankruptcy shows up, that could eliminate your changes for employment in some companies.

What about your marriage?  Bankruptcy can destroy that.  After all, how can a spouse have full and complete trust in you and  the relationship if money is so badly handled (sometimes secretly) that it comes to bankruptcy? What effect will it have on the kids when you try to enroll them in certain events, if you think no one will know, think again, it is public record.

Bottom line bankruptcy steals your peace of mind, your dignity, your comfort level in looking at yourself as well as how others will look at you, like your friends and family.

A former client of mine was determined to file bankruptcy. In her mind, her debts were overwhelming.  She had a mortgage and $16,000 in credit card debt as well as a $9,000 car loan. She was  46 at the time a single mom with two kids making $40,000 per year.  This poor lady was broke down and worn out and felt she had no where else to turn she thought she was  bankrupt. The truth is, she was not financially bankrupt, but emotionally bankrupt, she was just emotionally exhausted.  She had no budget, no idea of where her money was going and thought she didn’t have enough to go on the way she was.  So I worked with her, helped her design  a good budget.  She realized she had more money than she thought because she saw on paper where her money was going.  Long story short, she did not file bankruptcy and today, 2 years later, she is debt free except for her mortgage.

I don’t recommend bankruptcy.  That would be like recommending someone get a divorce (yes I know people do recommend and even encourage divorce, but I don’t)  Are there times when you may feel like giving up?  You bet.  Many people do give up and go that route because they just don’t know what else to do,  are drained emotionally.  They are too tired to do some “hard work” to get out of debt.  They lack the drive to be personally accountable for their debt mainly because society has made us believe “it’s not my fault” and given us the “bankruptcy out.”

I have friends who have as well as clients who have and are now in debt again.   One client even lost her marriage by not sharing  her financial mess with her husband before she filed, she even thought she could hide filing for bankruptcy from her husband, he found out.

Bankruptcy is listed a negative life-altering event, ranking up there with divorce, severe illness, disability, and loss of a loved one. Although I don’t believe that bankruptcy is as bad as divorce, it is certainly life-altering and leaves deep wounds both to the psyche and the credit report.

Bankruptcy, is for life.  Loan applications and many job applications ask if you have ever filed for bankruptcy. EVER, not in the last 7 or 10 years but EVER. You could lie then you commit  fraud (something else to add to the list of indiscretions),  I don’t know about you, but I have a higher power to be accountable to.

The good news is most bankruptcy cases can be avoided with proper help, such as a certified financial counseling, or even reading the book by Dave Ramsey “The Total Money Makeover: A Proven Plan for Financial Fitness“. As Dave Ramsy says,  and I agree, your money makeover will take some hard work and time, it may involve selling some stuff, it will involve changing your behavior,  it will be painful, but bankruptcy is much more painful and your personal payoff in the end with lessons learned will be priceless.

Most people don’t realize they really do have enough money and don’t need to file bankruptcy.  They just have poor money management habits.  Many people who file for bankruptcy to “start over” end up in debt again within two to five short years, why? Because the lack of money wasn’t the real problem, behavior about managing money was.

I personally have not gone through a bankruptcy, but have been in huge debt.  I worked hard to get out of debt.  Paid off all that I owned, took care of my financial responsibility as I agreed to do when I built up the debt. I learned from the hard work it took to get out of debt.  What did I learn?  Not so spend money I didn’t have (like on credit).  I learned how to manage money…you don’t learn that from filing bankruptcy.  I learned how to change my spending behavior.

Before you make a bankruptcy mistake, write a budget, get a good understanding of your actual financial picture, no lawyer will help you with that, but a financial counselor will.   Seek objective guidance before looking for a “quick fix” you will be far better off in the long run.

{ 5 comments… read them below or add one }

Tom Hanna November 14, 2007 at 5:16 am

Employers may not fire or otherwise discriminate in employment solely because you filed for bankruptcy in the United States. 11 USC 525(b) They can use bad credit as a reason for not hiring, but if you’re considering bankruptcy, your credit is already bad and bankruptcy can only improve it.

Most of the bankruptcy alternatives, especially credit counseling, are much worse for your credit score. Two years out of bankruptcy someone can qualify for a conventional mortgage loan. Two years out of credit counseling, forget it.

Margie January 7, 2008 at 2:51 pm

Some people would be dead or living on the street if they hadn’t filed for bankruptcy protection.
Are you against big corporations filing for bankruptcy as much as you are for the individual?
Dave Ramsey filed bankruptcy. Are you on his case too, or was his a “different” case! Ha ha… all him lemmings think so!!

What a bad joke he is. Warning others that bankruptcy is a life changing event that causes lifelong damage … yeah.. it sure damaged his life… all the way to the bank. LOL!

Must be those “designer envelopes” he sells. What person in debt can live without those !!! You may have a meager amount of money, but what the hell,,, carry it around it style. After all, Dave sells it.,.. it must be the right thing to do! LOL!

Kim Staudenraus January 16, 2008 at 12:34 pm

This is what America is all about, individual opinion and free speech. It is also about making mistakes (like getting into a bankruptcy situation) and learning from those mistakes (capitalizing on what we learned). Thank you for your comments.

tony January 27, 2009 at 1:54 pm

Dave Ramsey filed for bankruptcy and now he tells everybody else to work 6 jobs and sale everything to pay off debt.All I see and hear are a bunch of hypocrites and then they want 5 or 7 dollars for a joke of a article. Give me a break!

Kim Staudenraus February 1, 2009 at 11:21 am

Hi tony, Merriam-Webster online defines hypocrite as “a person who acts in contradiction to his or her stated beliefs or feelings” Dave Ramsey openly admits he filed bankruptcy and from that experience he learned he had to do what ever it took to get out of debt, even if it meant working multiple jobs and selling as much as he could to pay off debt. He has and is living his “talk and walking the walk” as he shares comments and helps others daily on radio and TV, I fail to see where he is in contradiction to his stated belief. As for me, I am living debt free except for my home, working a full time job as well as trying to bring in extra money, even if it is a few dollars at a time, by blogging in an attempt to help others, again no contradiction. Thank you for your comments, as they share an example of how most people are quick to point the finger at others which is many times an indication they are trying to avoid being accountable for a situation they may be in or looking for ways to justify their circumstances. I recommend a great read by John G. Miller, “QBQ”

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