Legal Question in Bankruptcy in Virginia

Will Bankruptcy Ruin Me For Life? How Does New Legislation Affect Me?

Dear LawGuru:

Over the past few years, I have accumulated credit card debt that is beyond anything I could have ever imagined. I have been trying to start my own businesses and have been using my credit cards to purchase necessary airline tickets, dinners, material, even groceries. I now have debt of over $50,000 -- involving several credit cards. I have been hoping that funding for my business would come, but it doesn't look good. And now I am unemployed.

I am worried that bankruptcy will completely ruin me, as many people around me have said. Instead, they have suggested using one of the new debt consolidators like AmeriDebt (and there are many others) that I have seen on TV, but I know very little about such organizations.

I know that I should speak to a lawyer and I will very soon, but can you offer me at least some advice and guidance based on what I have written here? Will bankruptcy ruin me for life? Also, how will all of this new legislation affect me if I do decide to file? So many questions, but anything you can offer -- anything at all -- would be greatly appreciated!


Asked on 3/13/01, 9:17 pm

1 Answer from Attorneys

Glenn R. Tankersley Regency Legal Clinic

Re: Will Bankruptcy Ruin Me For Life? How Does New Legislation Affect Me?

If you are unemployed and expect to stay that way for any appreciable time, bankruptcy may be the only reasonable route for you to take. Unless you win the lottery, of course, and I wouldn't count on that.

Bankruptcy will stay on your credit report for ten years but that does not necessarily mean you will have no credit during that time.

Future creditors will look at two things: your payment history after bankruptcy and your ability to pay, i.e., income versus living expenses.

Debt consolidation is all well and good for some circumstances but $50,000 for most people is a bit too much to consolidate. For something that high, if you tried to do a 100% payback in Chapter 13 bankruptcy your payment would be almost $1,000 a month--if you stretched Chapter 13 to its maximum length of five years.

You should indeed speak to a lawyer--yesterday if not sooner.

As to how the bankruptcy "reform" (and I use the term "reform" extremely loosely--DEform would probably be a better term) will affect you, I couldn't know without a detailed consultation AND without knowing exactly what Congress is going to impose on us. Judging from the news reports most people wouldn't want to know the answer to that question.

If you would like detailed information as to how bankruptcy works, you could go to my website, which I am vain enough to think is quite informative, at:

http://www.regencylegalclinic.com/

Once there, go to the "Bankruptcy Facts" page.

There are a lot of good resources on the web, as well as our page, to answer your detailed questions. Try a search using "Chapter 7" or "Chapter 13" to find some of them.

Good luck to you!

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Answered on 5/22/01, 10:33 pm


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