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Determining When Bankruptcy is Appropriate for You

Understanding when bankruptcy is a viable option is crucial.

Over the past 23 years, my experience with Chapter 7 and Chapter 13 bankruptcy clients has revealed common indicators that suggest it might be time to seek debt relief. Here are five key signs:

Age and Retirement Savings

Assessing your debts and assets, you may realize that, given your age, you will be working indefinitely without ever achieving financial freedom. Consider your aspirations for your retirement years—travel, spending time with grandchildren, or simply enjoying your savings. Alternatively, you might face the prospect of working multiple jobs and living frugally until your health declines. Bankruptcy can provide the financial relief needed to start saving for a secure retirement.

Taxes and Child Support

Significant recent tax debts or substantial family support obligations can make it challenging to manage your finances. Although these debts cannot be discharged through bankruptcy, most other debts can be. Eliminating these other debts through bankruptcy can enable you to meet your tax and child support obligations while maintaining a reasonable standard of living.

High Debt-to-Income Ratio

If you are only able to make minimum payments on your credit cards, your debt will likely grow faster than you can repay it. Credit card companies monitor your credit reports and may increase your interest rates if they observe slow payments to other lenders. This situation can feel like walking a tightrope with a heavy burden, where one misstep results in significant interest charges, leaving you with a debt amount similar to or greater than what you initially owed.

Garnishment of Wages or Bank Accounts

In Alabama, creditors who obtain a judgment against you can compel your employer or bank to divert your earnings to satisfy the debt. This garnishment can severely impact your financial stability, making bankruptcy a potential solution to protect your income.