Filing for Personal Bankruptcy can Help “Reset” Your Finances

August 31, 2015 Posted by kingcade

Many consumers who have lost their homes to foreclosure are still plagued with debt.  Most hope to one day pay off their debt but still struggle to make ends meet. Trying to get back on your feet financially can be overwhelming but bankruptcy can help.

One couple decided to help their son out by purchasing a second condo for him. As condo owners themselves, they believed that they could afford the second property because of their good credit. However, it soon became difficult to keep up with the additional mortgage payments. Both husband and wife took on second jobs to cover the costs and even forfeited their real estate investments.

The financial burden became so overwhelming that it began to take a toll on their relationship and even their health. Finally, the couple declared personal bankruptcy. Many consumers in similar situations wonder if they should declare personal bankruptcy and whether or not it is the right decision for them.

There are two main types of personal bankruptcy.

Chapter 7 Bankruptcy

Chapter 7 is the most common type of individual bankruptcy. With this type of bankruptcy, your debts can be fully discharged within 4-6 months. To qualify for Chapter 7, you must pass a “means test,” which is a qualification calculation designed to determine whether or not you have the “means” to repay your creditors. A trustee is then appointed to oversee the process and make sure the proper assets are liquidated in order to repay your debts.

Chapter 13 Bankruptcy

If your income is too high to qualify for Chapter 7 bankruptcy, Chapter 13 bankruptcy may be a better option. This type of bankruptcy will create a debt repayment plan for all, or a portion of your debts. Chapter 13 bankruptcies typically take 3 to 5 years.  If your financial circumstances change during the term of the repayment plan, the bankruptcy can be dismissed or converted into a Chapter 7.

In the past, personal bankruptcy was viewed by many as a shameful last resort. However, in today’s economy personal bankruptcy filings are no longer seen as causing permanent damage to your credit. Now that consumers better understand the real benefits of filing for bankruptcy, more people have conquered their debt while getting the chance to start over.

If you qualify, filing for personal bankruptcy is an effective way to rebuild and restore hope for your financial future. The couple who filed for personal bankruptcy has since settled into a new home. For them, filing for bankruptcy helped them realize there was a light at the end of the tunnel.

If you are in a financial crisis and are considering filing bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at


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