Category Archives: Bankruptcy

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Filing for bankruptcy is often considered a last resort, and for good reason. It's often expensive and can ruin a person's credit score. Plus, it can make it harder to qualify for financing -- like credit cards or loans -- with decent rates and terms.

Read: 8 Urgent Tips from Suze Orman for Surviving the Looming Recession -- Starting with Keeping Your Money in BanksSee: How To Build a Financial Plan From Zero

But like most things, there's a time and place for bankruptcy -- as you can see from some of the famous business titans who've filed at least once in their lives. In many of these cases, bankruptcy is nothing more than a strategic tool used to restructure debt and ensure future financial prosperity.

With that in mind, here are six famous business individuals who have filed for bankruptcy and how it turned out for them.

Dave Ramsey

The founder of Ramsey Solutions, Dave Ramsey is a well-known financial self-help guru in the personal finance space. But before all of that, Ramsey took on a lot of debt -- primarily real estate loans -- that he couldn't afford to pay back. As a result, he filed for bankruptcy -- he was in his late 20s at the time. It took Ramsey some time to build his way back to financial success. Today, his net worth is around $200 million, $150 million of which is in real estate.

Read More: Dave Ramsey's Net Worth

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Walt Disney is famously known for his work in animation and innovation. He was also a visionary when it came to entrepreneurship. Today, he's perhaps best known for co-founding Walt Disney Productions, as well as Disneyland and Disney World.

But in 1921, two years before The Walt Disney Company came into being, Walt founded a film animation studio called Laugh-O-Gram Studio. This was Walt's first major attempt in the industry, and one that wasn't very successful. Just two years after founding the company, it went bankrupt. Soon after, Walt moved to Hollywood and began working on what would later become The Disney Company. In 2023, Disney had a net worth of approximately $108.87 billion.

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Both a businessman and a skilled machinist, Henry Ford started his career in building automobiles in the early 1890s. His innovation and skills earned him a reputation in the industry, and he gained the support of several investors. As a result, he founded the Detroit Automobile Company in 1899.

However, Ford only ever manufactured one vehicle at a time. This limited his ability to expand and caused dissatisfaction amongst the shareholders. By 1901 -- just 18 months after launch -- Detroit Automobile Company went bankrupt and was dissolved. That didn't stop Ford, though. He continued manufacturing cars and, through a combination of good connections and innovation, founded the Ford Motor Company in 1903. By the mid-1920s, Ford had an estimated net worth of about $1.2 billion.

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Donald Trump is, of course, the former president of the United States. But he's also a prominent businessman with a history of filing for bankruptcy. In fact, Trump has filed for business bankruptcy (Chapter 11) anywhere from four to six times over the years. He has never filed for personal bankruptcy.

Trump's first business bankruptcy case was for the Trump Taj Mahal, a casino he owned, in 1991. After that, he filed for bankruptcy for several other hotels, casinos, and entertainment resorts.

Despite having filed for bankruptcy several times, Trump was able to keep his assets secure while restructuring massive amounts of debt. Today, he has an estimated net worth of about $2.5 billion.

More Info: How Rich Is Former President Donald Trump?

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A prominent talk show host in his later years, Larry King began his career as a radio announcer. In the beginning, he struggled financially due to a low salary and a series of unwise financial decisions.

At the age of 38, King allegedly used borrowed money rather than give the money to its intended recipient, New Orleans district attorney Jim Garrison. As a result, he was charged with grand larceny.

Although he wasn't prosecuted, the entire scandal ruined King's name and reputation. It also cost him his job as a radio host. By 1978, King owed $352,000 in various debts and had to file for bankruptcy.

King spent the following years rebuilding his reputation and making a name for himself in the industry. He got his own CNN television show -- "Larry King Live" -- in 1985. He continued on with this show for over 25 years. By the time of his death in 2021, he had an estimated net worth of $50 million.

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Milton Hershey got his start in the late 1800s when he launched his own candy shop using a $100 loan from his aunt. Unfortunately for Hershey, his first several attempts at business resulted in bankruptcy.

It wasn't until he joined forces with Henry Lebkicher, a former employee, that he managed to raise enough money to launch the Lancaster Caramel Company. This company became rather successful, but Hershey ended up selling it to the American Caramel Company in 1900 for $1 million.

Hershey used the money to start mass-producing chocolate. He also built his first factory in Pennsylvania -- a factory that would later become the famous Hershey Company. In 1918, the company was worth about $60 million -- equivalent to over $1 billion today.

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Donald Trump and 5 Other Famous People Who Filed for Bankruptcy and What Happened Next - Yahoo Finance

PARTY City has announced the closures of nine additional store locations.

The beloved event supply store filed for Chapter 11 bankruptcy protection at the start of the year and is undergoing restructuring processes.

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The filing allows a business to keep running while it works to restructure its debts and move forward.

As The U.S. Sun previously reported, at least 22 store locations around the US were closed due to Party City's filing, and now the retailer will be shutting the doors on nine more.

On April 20, Party City issued a statement explaining that nine leases to buildings that housed their stores would be auctioned off, per MSN.

A&G Real Estate Partners, the company that will auction the leases on behalf of Party City, noted that the stores would be sold by Friday.

Residents in several states will be affected by the additional closures.

Three locations in California are said to be closing, with two more in New York.

One Party City per state in Indiana, Ohio, Michigan, and Oklahoma will also shut down.

Along with another closing in New Jersey, the retailer will close 31 stores in total, per North Jersey.

The Michaels competitor usually operates 26 locations in New Jersey, according to its website, and 823 locations across the US.

In January, there were only 770 locations nationwide.

Subsidiaries outside the country and franchise stores are not part of the restructuring, along with Party City's foil balloons business.

The retailer's restructuring and bankruptcy filing occurred due to reported struggles during the height of the Covid-19 pandemic.

With social distancing in place, customers weren't gathering together for parties as often.

Supply chain issues and merchandise hiccups didn't help things, either.

Not to mention, helium has been in short supply making several factors the culprits to Party City's closings, perReuters.

High costs of products from inflation and increased labor costs paired with lower sales also put Party City in a difficult position.

The company had more than 16,000 full-time and part-time employees in 2021.

It's unclear if those employees at the closing locations will be offered an option to transfer to other store locations.

Either way, liquidation sales have begun for several of the closing Party City stores.

Pictures obtained by the radio station 1240WJIM-AM showed empty shelves at a closing store in Detroit as bosses tried to eliminate all store stock.

Shoppers may get deals and discounts as high as 90 percent off some products.

These liquidation sales have likely begun at the nine new Party City locations announced to close as well.

Party City isn't alone in its bankruptcy filing amid what financial experts have dubbed the "retail apocalypse."

Bed Bath & Beyond recentlyfiled for Chapter 11 bankruptcy after attempting to raise enough capital to avoid doing so.

Since the announcement, bumper sales started, and some products are being sold for 80 percent off at varying locations.

The company will now begin winding down operations at its 360 stores.

For related content, check out The U.S. Sun's coverage on why analysts at the investment bank UBS warned earlier this month that up to90,000 stores could close in the next five years.

The U.S. Sun also has the story of how Walmart will be closing more stores in a major shakeup.

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Beloved retailer and Michaels rival to close nine more stores amid bankruptcy fears see the full list of... - The US Sun

Article I, Section 8, of the United States Constitution authorizes Congress to enact "uniform Laws on the subject of Bankruptcies." Under this grant of authority, Congress enacted the "Bankruptcy Code" in 1978. The Bankruptcy Code, which is codified as title 11 of the United States Code, has been amended several times since its enactment. It is the uniform federal law that governs all bankruptcy cases.

The procedural aspects of the bankruptcy process are governed by the Federal Rules of Bankruptcy Procedure (often called the "Bankruptcy Rules") and local rules of each bankruptcy court. The Bankruptcy Rules contain a set of official forms for use in bankruptcy cases. The Bankruptcy Code and Bankruptcy Rules (and local rules) set forth the formal legal procedures for dealing with the debt problems of individuals and businesses.

There is a bankruptcy court for each judicial district in the country. Each state has one or more districts. There are 90 bankruptcy districts across the country. The bankruptcy courts generally have their own clerk's offices.

The court official with decision-making power over federal bankruptcy cases is the United States bankruptcy judge, a judicial officer of the United States district court. The bankruptcy judge may decide any matter connected with a bankruptcy case, such as eligibility to file or whether a debtor should receive a discharge of debts. Much of the bankruptcy process is administrative, however, and is conducted away from the courthouse. In cases under chapters 7, 12, or 13, and sometimes in chapter 11 cases, this administrative process is carried out by a trustee who is appointed to oversee the case.

A debtor's involvement with the bankruptcy judge is usually very limited. A typical chapter 7 debtor will not appear in court and will not see the bankruptcy judge unless an objection is raised in the case. A chapter 13 debtor may only have to appear before the bankruptcy judge at a plan confirmation hearing. Usually, the only formal proceeding at which a debtor must appear is the meeting of creditors, which is usually held at the offices of the U.S. trustee. This meeting is informally called a "341 meeting" because section 341 of the Bankruptcy Code requires that the debtor attend this meeting so that creditors can question the debtor about debts and property.

A fundamental goal of the federal bankruptcy laws enacted by Congress is to give debtors a financial "fresh start" from burdensome debts. The Supreme Court made this point about the purpose of the bankruptcy law in a 1934 decision:

[I]t gives to the honest but unfortunate debtora new opportunity in life and a clear field for future effort, unhampered by the pressure and discouragement of preexisting debt.

Local Loan Co. v. Hunt, 292 U.S. 234, 244 (1934). This goal is accomplished through the bankruptcy discharge, which releases debtors from personal liability from specific debts and prohibits creditors from ever taking any action against the debtor to collect those debts. This publication describes the bankruptcy discharge in a question and answer format, discussing the timing of the discharge, the scope of the discharge (what debts are discharged and what debts are not discharged), objections to discharge, and revocation of the discharge. It also describes what a debtor can do if a creditor attempts to collect a discharged debt after the bankruptcy case is concluded.

Six basic types of bankruptcy cases are provided for under the Bankruptcy Code, each of which is discussed in this publication. The cases are traditionally given the names of the chapters that describe them.

Chapter 7, entitled Liquidation, contemplates an orderly, court-supervised procedure by which a trustee takes over the assets of the debtor's estate, reduces them to cash, and makes distributions to creditors, subject to the debtor's right to retain certain exempt property and the rights of secured creditors. Because there is usually little or no nonexempt property in most chapter 7 cases, there may not be an actual liquidation of the debtor's assets. These cases are called "no-asset cases." A creditor holding an unsecured claim will get a distribution from the bankruptcy estate only if the case is an asset case and the creditor files a proof of claim with the bankruptcy court. In most chapter 7 cases, if the debtor is an individual, he or she receives a discharge that releases him or her from personal liability for certain dischargeable debts. The debtor normally receives a discharge just a few months after the petition is filed. Amendments to the Bankruptcy Code enacted in to the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 require the application of a "means test" to determine whether individual consumer debtors qualify for relief under chapter 7. If such a debtor's income is in excess of certain thresholds, the debtor may not be eligible for chapter 7 relief.

Chapter 9, entitled Adjustment of Debts of a Municipality, provides essentially for reorganization, much like a reorganization under chapter 11. Only a "municipality" may file under chapter 9, which includes cities and towns, as well as villages, counties, taxing districts, municipal utilities, and school districts.

Chapter 11, entitled Reorganization, ordinarily is used by commercial enterprises that desire to continue operating a business and repay creditors concurrently through a court-approved plan of reorganization. The chapter 11 debtor usually has the exclusive right to file a plan of reorganization for the first 120 days after it files the case and must provide creditors with a disclosure statement containing information adequate to enable creditors to evaluate the plan. The court ultimately approves (confirms) or disapproves the plan of reorganization. Under the confirmed plan, the debtor can reduce its debts by repaying a portion of its obligations and discharging others. The debtor can also terminate burdensome contracts and leases, recover assets, and rescale its operations in order to return to profitability. Under chapter 11, the debtor normally goes through a period of consolidation and emerges with a reduced debt load and a reorganized business.

Chapter 12, entitled Adjustment of Debts of a Family Farmer or Fisherman with Regular Annual Income, provides debt relief to family farmers and fishermen with regular income. The process under chapter 12 is very similar to that of chapter 13, under which the debtor proposes a plan to repay debts over a period of time no more than three years unless the court approves a longer period, not exceeding five years. There is also a trustee in every chapter 12 case whose duties are very similar to those of a chapter 13 trustee. The chapter 12 trustee's disbursement of payments to creditors under a confirmed plan parallels the procedure under chapter 13. Chapter 12 allows a family farmer or fisherman to continue to operate the business while the plan is being carried out.

Chapter 13, entitled Adjustment of Debts of an Individual With Regular Income, is designed for an individual debtor who has a regular source of income. Chapter 13 is often preferable to chapter 7 because it enables the debtor to keep a valuable asset, such as a house, and because it allows the debtor to propose a "plan" to repay creditors over time usually three to five years. Chapter 13 is also used by consumer debtors who do not qualify for chapter 7 relief under the means test. At a confirmation hearing, the court either approves or disapproves the debtor's repayment plan, depending on whether it meets the Bankruptcy Code's requirements for confirmation. Chapter 13 is very different from chapter 7 since the chapter 13 debtor usually remains in possession of the property of the estate and makes payments to creditors, through the trustee, based on the debtor's anticipated income over the life of the plan. Unlike chapter 7, the debtor does not receive an immediate discharge of debts. The debtor must complete the payments required under the plan before the discharge is received. The debtor is protected from lawsuits, garnishments, and other creditor actions while the plan is in effect. The discharge is also somewhat broader (i.e., more debts are eliminated) under chapter 13 than the discharge under chapter 7.

The purpose of Chapter 15, entitled Ancillary and Other Cross-Border Cases, is to provide an effective mechanism for dealing with cases of cross-border insolvency. This publication discusses the applicability of Chapter 15 where a debtor or its property is subject to the laws of the United States and one or more foreign countries.

In addition to the basic types of bankruptcy cases, Bankruptcy Basics provides an overview of the Servicemembers' Civil Relief Act, which, among other things, provides protection to members of the military against the entry of default judgments and gives the court the ability to stay proceedings against military debtors.

This publication also contains a description of liquidation proceedings under the Securities Investor Protection Act ("SIPA"). Although the Bankruptcy Code provides for a stockbroker liquidation proceeding, it is far more likely that a failing brokerage firm will find itself involved in a SIPA proceeding. The purpose of SIPA is to return to investors securities and cash left with failed brokerages. Since being established by Congress in 1970, the Securities Investor Protection Corporation has protected investors who deposit stocks and bonds with brokerage firms by ensuring that every customer's property is protected, up to $500,000 per customer.

The bankruptcy process is complex and relies on legal concepts like the "automatic stay," "discharge," "exemptions," and "assume." Therefore, the final chapter of this publication is a glossary of Bankruptcy Terminology which explains, in layman's terms, most of the legal concepts that apply in cases filed under the Bankruptcy Code.

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10 years after bankruptcy scare, village is paying $2.5M in cash for new Village Hall  MLive.com

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10 years after bankruptcy scare, village is paying $2.5M in cash for new Village Hall - MLive.com

Key takeaways

Bankruptcy is a legal tool to help consumers and businesses resolve overwhelming debt. Its a complicated process thats best taken on with the assistance of an attorney.

Chapter 7 and Chapter 13 are the two most common types of bankruptcy for consumers, while Chapter 11 is typically used for businesses.

Bankruptcy may make sense if your total non-mortgage debt exceeds 40% of your income and your path to pay it down is unclear.

Bankruptcy will hurt your credit and stay with you for years, but you can begin to restore your score in as little as a few months.

What is bankruptcy?

Bankruptcy is a legal process that can provide relief for people struggling to repay debts. Depending on the type of bankruptcy thats filed, consumers can wipe out some amount of unsecured debt or enter a repayment plan with better payment terms.

A bankruptcy filing stops debt collection calls, debt lawsuits and wage garnishment. The process is complicated and hiring an attorney is advisable, but youre likely to see some parts of your finances improve within six months of filing. Note that some debts, like student loans, recent taxes and child support, generally can't be wiped out in bankruptcy.

What are the types of bankruptcy?

The two most common kinds of consumer bankruptcy are Chapter 7 and Chapter 13. Chapter 11 bankruptcy is typically used by businesses.

Chapter 7 bankruptcy

Known as liquidation since most unsecured debts are forgiven, Chapter 7 bankruptcy is the fastest and most common form of bankruptcy.

Best for: Consumers who have primarily unsecured debt, such as medical bills, credit card debt or personal loans.

You must pass the means test, which determines whether you qualify to file Chapter 7.

Cannot have filed a bankruptcy petition in the previous 180 days that was dismissed because you failed to appear in court or comply with court orders, or you voluntarily dismissed your own filing because creditors sought court relief to recover property they had a lien on.

Chapter 13 bankruptcy

Known as a wage earners bankruptcy, Chapter 13 bankruptcy restructures debts into a payment plan over three to five years.

Best for: Those who have assets they want to retain, like expensive jewelry, or secured debts they want to get current on, like a mortgage.

You must have regular income.

Must be current on tax filings.

You cannot have filed for Chapter 13 in the past two years or Chapter 7 in the past four years.

You cannot have filed a bankruptcy petition in the previous 180 days that was dismissed for certain reasons, such as failing to appear in court or comply with court orders.

Chapter 11 bankruptcy

Called a reorganization bankruptcy, this chapter is typically used by corporations and businesses.

Best for: Businesses that want to keep operating.

Cannot have filed a bankruptcy petition in the previous 180 days that was dismissed because you failed to appear in court or comply with court orders, or you voluntarily dismissed your own filing because creditors sought court relief to recover property they had a lien on.

Is bankruptcy right for you?

Filing for bankruptcy is never an easy decision, and youll have to weigh the pros and cons of the long-term effects on your debt and credit. But in general, bankruptcy may be the best option if:

You see no way to pay off your debts within five years.

Your amount of debt (excluding a mortgage) is greater than 40% of your income.

Youre paying as much as you can toward your debts but not making progress.

Debt payments are preventing you from meeting other financial goals, such as saving for retirement.

If youre considering bankruptcy, get free consultations from a bankruptcy attorney and a nonprofit credit counselor to better understand your financial situation and whether bankruptcy is the best option.

Do you need a bankruptcy attorney?

Bankruptcy is a long and complicated process. One form improperly filled out could result in the dismissal of your case, which means you would have to wait six months to file again. Find a bankruptcy attorney to help you navigate the process and ensure your paperwork is properly filled out.

A word of caution if youre thinking of filing without an attorney: Bankruptcy data shows that only 1.4% of Chapter 13 bankruptcy cases filed without an attorney in 2012 received a discharge, meaning the cases were closed and the eligible debts were forgiven, according to the Federal Judicial Center.

Of Chapter 7 bankruptcy cases filed with an attorney in 2012, 95% were resolved successfully, compared with two-thirds of cases filed without an attorney, according to the center's data.

Many bankruptcy attorneys will want payment before filing, but you have options to help pay for bankruptcy.

How long does bankruptcy stay on your credit report?

But there is a bright spot: Your credit can start to improve within months of filing, and the change may be especially marked if you were already delinquent on your debts.

A 2014 report from the Federal Reserve Bank of Philadelphia found that those who filed Chapter 7 bankruptcy saw their scores improve from an average of 538 to an average of 620 on a 300-850 scale by the time their case was discharged, which is usually within six months.

What are alternatives to bankruptcy?

Depending on the kind and amount of debt you have, you may have other debt relief options that could help resolve your debt.

Use this calculator to explore your debt relief options, such as a debt management plan from a nonprofit credit counseling agency, do-it-yourself methods and consolidation.

Know where every dollar goes

Find ways to spend more on the things you love, and less on the things you dont.

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DCG Creditor Pact Revealed With Plan to Sell Genesis Trading Unit as Part of Bankruptcy  CoinDesk

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DCG Creditor Pact Revealed With Plan to Sell Genesis Trading Unit as Part of Bankruptcy - CoinDesk

1. Staring Down Bankruptcy, Bed Bath & Beyond Says It Will Sell Stock  The New York Times
2. Bed Bath & Beyond moves to raise $1 billion to avoid bankruptcy  CNN
3. Bed Bath & Beyond (BBBY) Possible Bankruptcy: Inside Rise & Fall of Retail Giant  Bloomberg

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Staring Down Bankruptcy, Bed Bath & Beyond Says It Will Sell Stock - The New York Times

Pet store with several Mass. locations files for bankruptcy, will cease operations at end of month  Boston 25 News

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Pet store with several Mass. locations files for bankruptcy, will cease operations at end of month - Boston 25 News

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Bankruptcy is a legal process that lets individuals or businesses overburdened with debt eliminate debts and start fresh or, in some cases, work out deals with creditors to pay debts off manageably. It also gives creditors a way to recoup debts they may otherwise have to write off.

The U.S. Bankruptcy Code governs all bankruptcy filings. All cases are filed and heard in special federal courts. Ninety of these bankruptcy courts operate across the United States. While local procedural differences may exist, federal and not state or local law directs what happens in bankruptcy.

A federal bankruptcy judge oversees the court and makes important decisions, like which debts can be eliminated. However, a court-appointed trustee does the heavy lifting, which mostly occurs away from the courthouse. A debtor may never meet the judge or even appear in court.

Details depend on the type of bankruptcy, but in broad outline, the process involves:

An important point is that as soon as a debt is approved to be discharged, creditors must stop trying to collect it. This means no more phone calls, letters or lawsuits. Still, its often a difficult event for most filers, as a bankruptcy filing impacts credit scores and can be a lot of work.

The history of bankruptcy law in the United States is long and has gone through several iterations and repeals since its introduction in the early 1800s. It wasnt until 1898 that Congress passed the first enduring federal bankruptcy law, the Bankruptcy Act of 1898. The law has been amended and replaced, but at no time since has the federal government lacked a bankruptcy law, as it did at times before its passage. The Bankruptcy Reform Act of 1978, known as the Bankruptcy Code, replaced the amended Bankruptcy Act of 1898 and is the current law that governs bankruptcy cases.

Today, after many refinements of that original law, bankruptcy has become a standard feature of personal and business finance. Notably, bankruptcy filings have been declining in recent years.

Overall, bankruptcy filings have fallen sharply since the start of the Covid-19 pandemic. According to statistics released by the Administrative Office of the U.S. Courts, personal and business bankruptcy filings fell 29.1% for the 12-month period ending Sept. 30, 2021. Filings decreased by 29.7% from 2019 to the end of 2020.

Six types of bankruptcy exist, though some are used more often than others. Each is named after the bankruptcy code chapter that describes how they work. A person or organization seeking bankruptcy can, within limits, choose the type of bankruptcy they want to file.

Here are the three most common types of bankruptcy.

Chapter 7 is one of the most common ways individuals get relief from debts through bankruptcy. In some cases, businesses may choose to file Chapter 7. As part of a Chapter 7 filing, the debtor turns over his or her assets to a bankruptcy trustee. The trustee sells the assets and makes distributions to creditors from the proceeds. Whether creditors get all, part or none of the money owed them, a Chapter 7 filing ends their claims against the debtor, except for some debts that cant be erased this way. Only people who lack the means to repay their debts can use Chapter 7.

An individual debtor filing under Chapter 13 doesnt have to liquidate assets. Instead, creditors and debtors work out a plan to repay the debts. The plan doesnt erase debts, but it allows debtors to pay the debt back over time, typically three to five years. Debtors who have enough income to pay all or part of their debts must use Chapter 13 instead of Chapter 7.

Chapter 11 is mainly for businesses that need to work out new repayment plans with their creditors. Its for companies that expect to continue operating after bankruptcy reorganization. The court approves or disapproves of the plan of reorganization, although creditors get to evaluate the plan. Companies that dont plan to continue operating may go through liquidation bankruptcy.

Bankruptcy cant eliminate every type of debt. The specifics vary by chapter, but here are some common types of debt that may not be wiped out through bankruptcy:

Any debt arising from personal injury or death as a result of driving while intoxicated also will survive bankruptcy. So will fines and financial restitution imposed after a criminal conviction.

These arent hard and fast categories. For instance, student loans may be discharged in bankruptcy if the debtor can show repayment would cause an undue hardship.

Shepherding a case through the bankruptcy courts is a complicated process and calls for great attention to detail. While its possible to file for bankruptcy without legal assistance, especially in uncomplicated Chapter 7 liquidation proceedings, it could be wise to hire an attorney.

Bear in mind that creditors will certainly be lawyered up. And, while the judge and trustee can generally be relied upon to act impartially, neither will give legal advice.

The fresh start bankruptcy offers is not a perfectly clean slate. Bankruptcy can have serious and long-lasting financial consequences.

Bankruptcy shows on your credit report for a long time. Chapter 13 filings stick around for seven years; a Chapter 7 ding persists for 10 years.

The presence of a bankruptcy on your report can drastically lower your credit score. In general, you may find it more difficult to get a mortgage, car loan, credit card or personal loan for as much as a decade after declaring bankruptcy.

Bankruptcys negative consequences dont last forever. After bankruptcy, its possible to rebuild your credit and regain your former standing as a reliable borrower. Heres how:

Bankruptcy isnt necessarily right for every situation. You may be better off using one of several alternatives. They include:

Carefully evaluate the pros and cons of these alternatives to see whether bankruptcy is a better option. For instance, using home equity to pay off creditors preserves your credit rating but places your home at risk.

Free, No-commitment Estimate

The world of bankruptcy has its own jargon. Here are some technical terms likely to show up:

Bankruptcy can be a boon to debtors and creditors alike, helping settle accounts in an organized manner that is as fair as possible to all parties. Its not necessarily easy or quick, but, in some cases, bankruptcy is a workable solution to what could otherwise be an untenable debt problem.

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What Is Bankruptcy? Forbes Advisor

If you plan to file for bankruptcy protection, you must get credit counseling from a government-approved organization within 180 days before you file. You also have to complete a debtor education course before your debts can be discharged.

The Department of Justices U.S. Trustee Program approves organizations to provide the credit counseling and debtor education required for anyone filing for personal bankrutpcy. Only the counselors and educators that appear on the U.S. Trustee Programs lists can advertise that they are approved to provide the required counseling and debtor education. By law, the U.S. Trustee Program does not operate in Alabama and North Carolina; in these states, court officials called Bankruptcy Administrators approve pre-bankruptcy credit counseling organizations and pre-discharge debtor education course providers.

Pre-bankruptcy credit counseling and pre-discharge debtor education may not be provided at the same time. Credit counseling must take place before you file for bankruptcy; debtor education must take place after you file.

You must file a certificate of credit counseling completion when you file for bankruptcy, and evidence of completion of debtor education after you file for bankruptcy but before your debts are discharged. Only credit counseling organizations and debtor education course providers that have been approved by the U.S. Trustee Program may issue these certificates. To protect against fraud, the certificates are numbered, and produced through a central automated system.

A pre-bankruptcy counseling session with an approved credit counseling organization should include an evaluation of your personal financial situation, a discussion of alternatives to bankruptcy, and a personal budget plan. A typical counseling session should last about 60 to 90 minutes, and can take place in person, on the phone, or online. The counseling organization is required to provide the counseling for free for people who cant afford to pay. If you cant afford to pay a fee for credit counseling, ask for a fee waiver from the counseling organization before the session begins. Otherwise, you may be charged a fee for the counseling. It will generally is about $50, depending on where you live, and the types of services you receive, among other factors. The counseling organization must discuss any fees with you before you start the counseling session.

Once you complete the required counseling, you must get a certificate as proof. Check the U.S. Trustees website to be sure that you receive the certificate from a counseling organization that is approved in the judicial district where you are filing bankruptcy. Credit counseling organizations may not charge an extra fee for the certificate.

A debtor education course by an approved provider should include information on developing a budget, managing money, and using credit wisely. Like pre-filing counseling, debtor education can take place in person, on the phone, or online. The education session might last longer than the pre-filing counseling about two hours and the fee is between $50 and $100. As with pre-filing counseling, if you cant afford the session fee, ask the debtor education provider to waive it. Check the list of approved debtor education providers online or at the bankruptcy clerks office in your district.

Once you have completed the required debtor education course, you should receive a certificate as proof. This certificate is separate from the certificate you received after completing your pre-filing credit counseling. Check the U.S. Trustees website to be sure that you receive the certificate from a debtor education provider that is approved in the judicial district where you filed for bankruptcy. Unless the debtor education provider told you theres a fee for the certificate before the education session begins, you cant be charged an extra fee for it.

If youre looking for credit counseling to fulfill the bankruptcy law requirements, make sure you receive services only from approved providers for your judicial district. Check the list of approved credit counseling providers online or at the bankruptcy clerks office for the district where you will file. Once you have the list of approved organizations, call several to gather information before you pick one. Some key questions to ask are:

The U.S. Trustee Program promotes integrity and efficiency in the nations bankruptcy system by enforcing bankruptcy laws and oversees private trustees. The Program has 21 regions and 95 field offices, and oversees the administration of bankruptcy in all states except Alabama and North Carolina. For more information, visit the U.S. Trustee Program.

If you have concerns about approved credit counseling agencies or debtor education course providers, contact the U.S. Trustee Program by email at USTCCDEComplaintHelp@usdoj.gov, or send a letter to Executive Office for U.S. Trustees, Credit Counseling and Debtor Education Unit, 20 Massachusetts Avenue, N.W., Suite 8000, Washington, D.C., 20530. Include as much detail as you can, including the name of the credit counseling organization or debtor education course provider, the date of contact, and who you talked to.

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Filing for Bankruptcy: What to Know | Consumer Advice