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Advantages of Filing for Bankruptcy

Filing for bankruptcy can be a life-changing decision for individuals facing overwhelming debt and financial hardships. While it is a complex legal process, the advantages of filing bankruptcy are numerous and can provide much-needed relief and a fresh start.
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From putting an end to harassing creditor phone calls and preventing repossessions and foreclosures to offering debt relief and protection for assets, bankruptcy offers a range of benefits. Additionally, specific bankruptcy chapters, such as Chapter 13 and Chapter 7, provide opportunities to restructure or discharge certain debts, alleviate tax burdens, and even remove liens on properties. In this article, we will delve into the extensive advantages of filing for bankruptcy, exploring how it can provide financial freedom, reduce stress, and pave the way for a brighter financial future.

1. Bankruptcy ends harassing creditor phone calls:

One of the immediate advantages of filing for bankruptcy is that it puts an end to relentless creditor phone calls and collection efforts. Once you file for bankruptcy, an automatic stay is put into effect, which legally prohibits creditors from contacting you or pursuing collection actions against you. This allows you to experience relief from constant harassment and provides you with a sense of peace and tranquility.

2. Bankruptcy stops repossessions:

If you are facing the threat of having your property, such as a car, repossessed due to non-payment, filing for bankruptcy can halt the repossession process. The automatic stay prevents creditors from seizing your assets, giving you the opportunity to address the situation and potentially find a resolution to keep your property.

3. Bankruptcy stops foreclosures:

Falling behind on mortgage payments can lead to the possibility of foreclosure on your home. By filing for bankruptcy, you can stop the foreclosure process and potentially save your home. The automatic stay provides a temporary pause on foreclosure proceedings, allowing you to explore options such as loan modification, repayment plans, or even a Chapter 13 bankruptcy repayment plan to catch up on missed payments and prevent foreclosure.

4. Bankruptcy stops wage garnishments:

If your wages are being garnished by a creditor, filing for bankruptcy can put an end to this. The automatic stay prohibits wage garnishment, ensuring that your hard-earned income is protected. This gives you the opportunity to stabilize your finances and work towards a more sustainable solution.

5. Bankruptcy stops utility shut-offs:

Falling behind on utility payments can lead to the risk of having your services shut off, such as electricity, gas, or water. Filing for bankruptcy triggers an automatic stay that prevents utility companies from disconnecting essential services during the bankruptcy process. This provides you with the chance to address your outstanding utility bills and make arrangements for future payments.

6. Bankruptcy provides debt relief:

The overarching advantage of filing for bankruptcy is that it provides you with a means to obtain debt relief. Whether through Chapter 7 or Chapter 13 bankruptcy, you can have your eligible debts discharged, meaning you are no longer legally obligated to repay them. This offers a fresh start and a chance to rebuild your financial life without the burden of overwhelming debt.

7. Chapter 13 Bankruptcy allows you to “cram down” how much you pay back on your car:

In Chapter 13 bankruptcy, you have the opportunity to “cram down” the amount you owe on your car to its fair market value. This means that if you owe more on your car loan than the car is currently worth, you can reduce the loan amount to the car’s actual value. This can result in significant savings and a more manageable repayment plan.

8. Chapter 13 Bankruptcy allows you to reorganize your car payment into a more affordable one:

In addition to reducing the loan amount through a “cram down,” Chapter 13 bankruptcy also allows you to reorganize your car payment into a more affordable plan. Through the repayment plan, you can stretch out the remaining balance on your car loan over a longer period, reducing the monthly payment and making it more manageable within your budget.

9. Chapter 13 Bankruptcy allows you to lower a high-interest rate on a vehicle loan:

Another advantage of Chapter 13 bankruptcy is the ability to lower the interest rate on your vehicle loan. If you have a high-interest rate that is making it difficult to keep up with payments, the bankruptcy court can approve a reduced interest rate, potentially saving you a significant amount of money over the life of the loan.

10. Chapter 7 Bankruptcy allows for redemption of your car where you pay what it’s actually worth:

In Chapter 7 bankruptcy, you have the option of redeeming your car by paying its current fair market value to the creditor in a lump sum. This can be beneficial if you owe significantly more on your car loan than the car’s actual value, as it allows you to eliminate the excess debt and retain ownership of the vehicle.

11. Chapter 7 Bankruptcy may discharge old taxes:

While not all tax debts are eligible for discharge in bankruptcy, Chapter 7 bankruptcy can potentially eliminate certain types of older tax debts. The criteria for discharging tax debts are complex, but if you meet specific requirements, such as the age of the tax debt and the timing of the tax filings, you may be able to have them discharged through the bankruptcy process.

12. Chapter 13 Bankruptcy helps pay back tax debt:

If you have tax debts that do not qualify for discharge in Chapter 7 bankruptcy, Chapter 13 bankruptcy provides an option to repay those debts over time. Through the repayment plan, you can consolidate your tax debt and make affordable monthly payments to the bankruptcy trustee, allowing you to address your tax obligations while protecting your assets from collection actions.

13. Chapter 13 Bankruptcy helps catch up on a mortgage payment that is behind:

If you have fallen behind on your mortgage payments and are facing the threat of foreclosure, Chapter 13 bankruptcy can help you catch up on those missed payments. The repayment plan allows you to spread out the past due amounts over a period of three to five years, making it more manageable to bring your mortgage current and avoid foreclosure.

14. Chapter 13 Bankruptcy helps catch up on past child support:

If you owe past due child support payments, Chapter 13 bankruptcy provides a structured repayment plan that allows you to catch up on those payments over time. This can help you fulfill your financial obligations and avoid the legal consequences associated with unpaid child support.

15. Chapter 13 Bankruptcy can remove an unsecured second mortgage from your home:

In certain circumstances, Chapter 13 bankruptcy allows you to eliminate an unsecured second mortgage from your home. If the value of your home is less than what you owe on the first mortgage, the bankruptcy court may deem the second mortgage as unsecured debt, which can be discharged through the Chapter 13 repayment plan, effectively removing the lien from your property.

16. Bankruptcy will remove judgment liens from your home (by motion in Ohio):

Filing for bankruptcy can provide a mechanism to remove judgment liens from your home. In Ohio, for example, you can file a motion with the bankruptcy court to have the judgment lien removed if it impairs your exemptions. By removing the judgment lien, you can protect your home from forced sale or foreclosure.

17. Chapter 13 Bankruptcy helps protect unexempt assets:

If you have valuable assets that are not exempt from liquidation in Chapter 7 bankruptcy, Chapter 13 bankruptcy provides a way to protect those assets. Through the repayment plan, you can propose to repay your creditors an amount equal to the value of your non-exempt assets over the course of the plan, allowing you to retain possession of those assets while still fulfilling your obligations to your creditors.

18. You can walk away from a home that is underwater:

If you find yourself in a situation where your home is worth significantly less than what you owe on the mortgage, filing for bankruptcy can give you the option to surrender the property and walk away from the debt. This allows you to free yourself from the burden of an underwater mortgage and start anew with a more manageable housing situation.

19. You can sleep at night:

Dealing with overwhelming debt can lead to tremendous stress and anxiety, affecting your overall well-being and ability to sleep peacefully. By filing for bankruptcy, you can alleviate the constant worry about financial obligations, creditor harassment, and potential loss of assets. Knowing that you have taken proactive steps to address your financial difficulties can provide you with a sense of relief and allow you to regain a peaceful night’s sleep.

20. Improved relationships because your stress is reduced:

Financial troubles can strain relationships with family, friends, and loved ones. The stress of debt and the constant struggle to make ends meet can lead to tension, arguments, and even resentment. Filing for bankruptcy and finding a path to financial stability can relieve this stress, leading to improved relationships and a healthier overall environment for yourself and those around you.

21. You have someone fighting for you instead of against you:

Bankruptcy provides you with a legal framework and a bankruptcy attorney who will advocate for your interests. Instead of facing creditors alone and feeling overwhelmed, you have a professional on your side who understands the complexities of the bankruptcy process and can fight for your rights and financial well-being.

22. Bankruptcy is an efficient, cost-effective way to deal with debt once and for all:

Compared to other debt relief options, bankruptcy can be a cost-effective solution. While there are filing fees and attorney fees associated with bankruptcy, the benefits of discharging or reorganizing your debts often outweigh these costs. Additionally, the time and energy saved by resolving your debts efficiently through bankruptcy can far outweigh the long-term financial consequences of not addressing the situation effectively.

23. It gives you room to breathe:

Filing for bankruptcy provides a much-needed breathing space to reassess your financial situation and develop a plan for the future. The automatic stay immediately puts a halt to collection efforts, giving you the opportunity to regroup, analyze your debts, and explore the available options for debt relief. This breathing room allows you to make informed decisions about your financial future without the constant pressure of creditors.

24. You can get off the treadmill and start making progress to secure your financial future:

When faced with overwhelming debt, it can feel like you’re stuck on a never-ending treadmill, unable to make meaningful progress towards securing your financial future. Bankruptcy breaks this cycle by providing a structured process to eliminate or manage your debts. It allows you to take control of your financial situation, create a plan to rebuild your credit, and make positive strides towards a more stable and prosperous future.

25. Bankruptcy provides a fresh start:

Perhaps one of the most significant advantages of filing for bankruptcy is the opportunity for a fresh start. Bankruptcy allows you to discharge or restructure your debts, providing a clean slate to rebuild your financial life. With a fresh start, you can learn from past mistakes, adopt healthier financial habits, and work towards achieving your long-term financial goals with a renewed sense of hope and determination.


Filing for bankruptcy offers numerous advantages that can bring relief and a fresh start to individuals burdened by overwhelming debt. Whether through Chapter 7 or Chapter 13 bankruptcy, individuals can find solutions to address their specific financial challenges, such as reducing car loan payments, catching up on mortgage payments, or discharging old taxes. Moreover, the benefits of bankruptcy extend beyond the financial realm, with improved relationships, reduced stress, and the ability to sleep peacefully at night. By choosing bankruptcy, individuals can regain control over their financial future, breathe easier, and embark on a journey towards long-term financial security and well-being.

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