Have you been thinking about filing personal bankruptcy? If so, it's probable that you've also been weighing the impact of that bankruptcy filing on your financial life. One major issue that people are worried about is the possibility of foreclosure, and most important, which will be worse for them, bankruptcy or foreclosure. It's important to remember however that foreclosure and bankruptcy are very different, and hard to compare. Here are the important issues you'll want to think about.
To start with, a foreclosure is based on your mortgage, which is basically just like any other secured loan, similar to a car loan. Should you fail to pay, the lender is still protected because the loan is secured by your home, and the lender can take back the home to pay for the debt. This repossession is called a foreclosure. Just like repossession of any other asset, like a car, a foreclosure is a serious mark on your credit report and lower your score.
When considering bankruptcy however, this is a different situation. Bankruptcy allows you to eliminate or repay multiple debts or set up a repayment plan. Credit reporting agencies won't tell which is worse for your credit, a bankruptcy or foreclosure, but if you're in a bad enough position to file bankruptcy, it's likely your credit is already pretty bad. Thus a bankruptcy likely won't result in much lower of a credit score.
Yet here are the big issues to consider before making a decision. If you still haven't been foreclosed on by your lender, and you decide to file bankruptcy, remember that you can still lose your house to a sale because the mortgage lender is able to ask the bankruptcy court to allow a sale in order to pay your debt. A sale would more likely occur in a Chapter 7 bankruptcy, where most of your debt is discharged, while in a Chapter 13 bankruptcy you set up a payment plan that might allow you the chance to keep your home by making payments. Using a Chapter 13 bankruptcy could thus help you avoid foreclosure.
When it comes to your credit score, while a bankruptcy might not lower your credit score number drastically if it was already low, the fact of the bankruptcy will remain on your credit report for ten years. So, while in five years, for example, you could have a better credit score, a lender will still see that you filed bankruptcy five years ago, and turn down your applications for credit. Foreclosure is like any other repossession, and stays on your report for seven years, but after a few years you can qualify again for credit. You can see that credit score alone is not the only thing you need to consider when making a choice between bankruptcy and foreclosure.
Before you choose foreclosure or bankruptcy, you should find a competent bankruptcy attorney and a non-profit credit counseling agency to meet with. These agencies can help determine exactly how your income, expenses and debt will be impacted by either foreclosure or bankruptcy. Some people might want to keep their home at all costs, while others might consider it important to protect their credit score. Only by talking to a professional can you find the right choice for you.
