4 Advantages of Filing Bankruptcy vs Debt Consolidation

Posted by Wesley Scott on December 17, 2016 at 3:00 PM
Wesley Scott

bankruptcy-vs-debt-consolidation.jpgI have high anxiety. I get the anxiety and courage it takes to even think or say the word bankruptcy. While it is easier for me to think or say that word, one, I do bankruptcy work for a living and two, I am not now facing a bankruptcy. I respect those two very important distinctions between us. Many Minnesotans facing overwhelming debt are on the fence about whether they should think about bankruptcy as an option. Often times, some sort of debt consolidation wins out instead so we can say we are avoiding bankruptcy. While that is true, in the short term, long term many of those people end up filing bankruptcy anyway. Here are some of the factors we think you should consider before going down an alternative path instead of choosing bankruptcy first. 

1) GET YOUR LIFE BACK TODAY NOT IN YEARS

At Kain & Scott, “We don’t judge you, we HELP you get your life back!” If you jump off the fence and choose bankruptcy to solve an overwhelming debt problem, you get your life back sooner!

Think about it, so many good Minnesotans choose some arduous debt consolidation plan and make their family suffer for years on end. If you think you struggle to pay your bills now, let your creditors dictate the repayment terms or they will garnish your wages and you will quickly see who eats first and who eats second.

When our guests chose to file bankruptcy, jump off that fence, they are quickly jumping into a fresh start again. The debt worries go away and you can pay your bills on time again. The roof over your head is secure and there are groceries in the fridge.

Pushing the reset button and starting fresh allows you to do what you always wanted to do- stay current on your bills and protect your family.

2) IMPROVE YOUR CREDIT SCORE

Yes, this is true. I know this seems like a joke of some kind- to say you can file bankruptcy and improve your credit score but think about it. Do you think your credit score is better if you advertise to the world you are in financial distress and are in a plan or do you think your score is better if you have NO debt!?

Future creditors don’t give two rats’ butts about you paying your current creditors. What future creditors want to know is are you going to pay me. If you have little or no debt, chances are you will pay your future creditors. Now let’s be clear, bankruptcy is on your credit report for 10 years. However, most people’s credit scores increase after filing bankruptcy and obtaining a discharge.

This is true because you have little or no debt on the report. So when future creditors look at you, and decide whether to give you a loan, they are more confident in repayment after a bankruptcy discharge than before your discharge when you had piles of debt.

Makes sense right? We think so.

3) GET RID OF DEBT TAX FREE

One of the little known advantages of filing bankruptcy is the debt gets cleared with no tax consequences to you! There is an exclusion under the IRS code as to what defines income. Debt’s forgiven in a title 11 bankruptcy (which both chapter 7 and chapter 13 bankruptcy fall under) are not taxable income to you.

That is a huge benefit since any debt forgiven outside a bankruptcy is taxable to you. Paying the tax is better than paying the whole bill but you still wind up with another debt when you are already suffering- it just seems cruel to us.

Getting rid of debt, tax free, is another reason why filing bankruptcy really is about getting your life back and pushing that reset button.

4) PUT AN END TO THE TRAGEDY

For most Minnesotans we deal with, debt was the result of some catastrophe. It might be a job loss, a divorce, a medical problem, a bad decision, a business gone south- whatever! When we meet with our guests, we often here them say when this happened than this happened etc. There is usually always a trigger that made the debt flow like water.

The problem with this is it causes you to relive the tragedy over and over again. Have you ever been in a bad relationship where you said to yourself, I cannot have this same conversation again? Or have you ever been part of a lawsuit? If you have you know that litigation causes you to live in the past. That is not healthy.

I have said it so many times before, I don’t mind problems, but I don’t like a lack of solutions to those problems. We humans think that we need to suffer a lot before we get help for a problem. That is bullshit. If you are stressing about overwhelming debt, you have already suffered long enough.

Most people we meet with have suffered with debt for a long time. When they meet with us, they are so sick of the emotional battery caused by thinking about overwhelming debt, they are ready to move on and get their lives back. You can too!

CONCLUSION

I honestly believe it is healthy to have problems in life. It makes us stronger. It also makes us learn that life is truly humbling and ever changing. How many shows do we need to watch before we learn that even when you are highly paid, have a huge business, or a lot of degrees, life can humble you in an instant.

Life is about constantly renewing who you are and changing who you are. Overwhelming debt can humble anyone at anytime- we have seen it. However, don’t mistake being humbled with any sort of need to suffer a long time. There is no need for overwhelming suffering.

When the time is right, when you are ready, reach out to a Minnesota Bankruptcy Lawyer at Kain & Scott. We have spent decades perfecting the process of filing bankruptcy in Minnesota. Pick a law firm that treats their guests like rock stars. That is the way I want to be treated- and so should you!

Topics: Filing Bankruptcy

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