Bankruptcy is a situation that could not be considered desirable by anyone who has experienced the emotional roller coaster that precedes it. There is a lot of work involved in filing for bankruptcy correctly, and anyone taking a half-hearted approach to this work may well find that, even after being declared bankrupt, they will be in a poor position as regards conducting their future finances. There are, nonetheless, some people who see going bankrupt as simply a way of wiping the slate clean after paying no attention to the conduct of their finances for the previous few years. Among these people, there are many who will actively run up as much debt as they can in the pursuit of a life of thrills, in the full intention of filing for bankruptcy when the credit dries up and the collectors come calling.

The majority of bankruptcy petitions come from people who simply found themselves unable to meet their debts for one reason or another. In some cases, it may have been recklessness with credit that they discovered too late was unsustainable. For others it may be that they lost their job and were unable to meet their monthly repayments, ending up in a position were they had no option but to go bankrupt. Unsurprisingly, the differing reasons for filing have now been recognized in law, and those who file for bankruptcy with the same regularity and lack of conscience with which they wash their hair are now finding that they are unable to take advantage of the protections offered by a bankruptcy.

Those who are unable to pay back their debts now also have legal protection. There is a difference, recognized in law, between customers described as “can’t pay” and those who “won’t pay”. The creation of the circumstances where so many people are in a position where bankruptcy is needed is a topic that excites much conversation. Certainly, there are banks who have lent money irresponsibly to people who, realistically, had little chance of ever sticking to their monthly repayments. Equally, however, there are individuals who took out credit in the full knowledge that they could not pay it back, and with little intention of ever trying. The former may be seeking bankruptcy in order to turn over a new leaf – the latter will simply be doing it to create a force field around their reckless borrowing.

Bankruptcy is not a pleasant state to be in, as it will require the following of very limiting rules that prevent the debtor from enjoying the kind of freedom they once had. But if the individual can use their time in that position to learn a little bit about how to operate without borrowing money, they can become financially continent in a way that will serve them very well in the future. It is not something that should be advised as a valid choice for most people, but for those who are most in need, it provides a valuable safeguard.

Disclaimer: This article is for informational and entertainment purposes only, and should not be construed as legal advice on any subject matter.

By Melissa Gordon



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