Guides
- What Is Jury Duty and How Does the Jury Selection Process Work?
- What Is a Verdict and What Happens After a Jury Delivers a Guilty or Not Guilty Decision?
- Noise Ordinances: Quiet Hours, Complaint Laws, and How to File a Noise Complaint
- What Is Harboring a Fugitive and What Are the Penalties and Jail Time for It?
- Are Written or Verbal Contracts Legally Binding and When Should You Use Each?
- When Your Driving License Can Be Revoked and What You Can Do About It?
- What Are the Hunting Laws and Permits by State in the USA?
- Is Drunk Driving a Felony, What’s the Punishment, and How Many People Die From It?
- What is Domestic Abuse vs. Domestic Violence, and What Are the Differences?
- What is a Roommate Agreement, What Are the Benefits, and What Should You Include?
- What is Public Indecency, and What Are the Laws, Charges, and Penalties?
- What Are the Pocket Knives Laws, Legal Lengths, and Rules for Illegal Types?
- What is Aiding and Abetting and What Are the Punishments and Charges for It?
- Where Can You Be Naked in Public and Celebrate National Nude Day?
- What Is Child Custody and How to File for It Without an Attorney
- What to Do if Someone Has Stolen Your Driver's License Number and How to Replace It
- What is Bail Jumping: Punishments and Jail Time for Failure to Appear in Court
- Dating a Minor: Is It Legal and What Is the Age of Consent?
- How to Conduct a Dating Profile Search and Find Someone on a Dating Site
- What is Personally Identifiable Information and Why is PII Protection Important?
- What Is a No-Fault Divorce, When Did It Start and Why It Can Be Bad
- The Differences Between Moving And Non-Moving Violations
- What are Aggravating and Mitigating Factors in a Criminal Case?
- What Is ADR: Process, Meaning And Examples
- Definition and Differences Between Conspiracy Theories and Conspiracy Charge
- How to Get a Divorce: Process, Stages and Required Papers
- Embezzlement as a White-Collar Crime: Definition, Meaning, and Examples
- What Is a Car Registration, How Much Does It Cost and How to Get One?
- Types of Email Archiving and How to Retrieve Them
- How to Protect Your Car From Theft or Report It Stolen
- How to Organize and Protect Your Personal Documents?
- How to Find and Reconnect With Old Friends: Proven Techniques That Work
- Business Records: Types, Examples and How to Search
- Right to Privacy: Is It Protected By The Constitution?
- Ownership and Tenancy in Severalty in Real Estate
- What Different Types of Marriages Are There?
- Should You Believe in Age Gap Rules Calculation
- What Is Driver’s License Status and How To Check It
- What Is Civil Marriage: Pros and Cons
- Top 5 Most Famous Serial Killers Of All Times
- What Was The Subprime Mortgage Crisis
- Most Famous Murder Cases Throughout History
- The Dynamics and Consequences of Ghosting Someone in Personal Relationships
- What is Incarceration? Definition, Process, and Impact
- What is A Mortgage-Backed Security (MBS)
- Is AI Dangerous? Unveiling the Risks of Artificial Intelligence
- What is a VPN?
- 7 Cybersecurity Threats to Look Out For
- What Are Debtors and Creditors, and What Are Their Legal Rights and Differences?
- What Are the Types of Business Ownership and How Can You Transfer It?
- What is a Tax Lien, How Does It Work & How to Stop One?
- What is the Difference Between Civil and Criminal Cases?
- Property Ownership Types You Should Know About
- Community Safety Initiatives: How to Make Your Neighborhood Safer
- What is a Lien and How Lien Priority Works?
- Campus Safety 101: Essential Tips for a Secure College Life
- How to Know If Someone Is Divorced?
- What are the CCPA and CPRA?
- How to Get Over a Breakup?
- U.S. Violent Crime Definition & Statistics
- The 5 Steps You Should Know When Adopting a Child
- What Is Criminal Profiling and Is It Really Effective?
- A Full Guide on Reasonable Suspicion vs Probable Cause
- What Is Email Encryption & How to Encrypt an Email?
- What is a White Collar Crime? A Full Guide
- Rental Scams: How Do They Work & How to Catch Scammers?
- A Complete Guide on Parole vs Probation
- How to Submit a Data Removal Request and Hide Results About You on Google Search
- A Full Guide on House Arrests
- A Complete Guide on Marriage and Civil Union
- How to Safeguard Yourself and Deal with Marriage Debt
- What is Eyewitness Testimony?
- A Full Guide on Gentrification: Why is it a Problem?
- 8 Most Dangerous Twitter Scams and How to Avoid Them
- Pretexting Attacks: Common Types and How to Deal with Them
- How Do Zelle Scams Work and Things to Look Out For
- What Is Business Email Compromise, How to Defend Against It?
- What Is a Wellness Check, What Does It Consist of and How to Call For It?
- What Is a Temporary Restraining Order and How Do You Get One?
- What is Smishing And How to Prevent it?
- Spam Emails: Types and Ways to Block Them
- Email Masking & Masked Email Addresses
- Spot a Fake QR Code & Avoid Getting Scammed
- Common NFT Scams to Look Out For & Ways to Avoid the Fake Ones
- What to Do If You Witness a Crime?
- What Is Skip Tracing and How Does It Work?
- How to Avoid Common Venmo Scams and Protect Yourself From Scammers
- Can You Get Child Custody If You Have a Criminal Record?
- Common Amazon Scams and Ways on How to Avoid Them
- How to Find Liens on a Property?
- Multiple Bankruptcies: How Often You Can File One?
- How to Adopt a Child in the US?
- I Lost My Birth Certificate. What Should I Do?
- Warning Signs of Job Scams and How to Protect Yourself
- What Is a Ban the Box Law?
- What is Expungement?
- How to Transfer Property After Death Without Will
- What Is a Police Blotter?
- How to Appeal a Parking Ticket
- What Is a Clean Driving Record, How It Affects Insurance and How to Keep It Clean
- What is Title Washing?
- What is Extortion?
- How To Run a Motorcycle Title Search
- What Is a Digital Footprint?
- What is Anti Money Laundering (AML)?
- Guide on How to Get a Death Certificate
- What is the US Equal Employment Opportunity Commission (EEOC)?
- What is Multi Factor Authentication?
- What is a Citizen's Arrest?
- How to Know that You’re in an Obsessive Relationship
- Guide to Online Survey Scams
- 13 Different Types of Police Officers
- Full Guide on Work-from-Home Scams
- Is Private Browsing Really Private?
- Different Types of Felony Classes & Charges
- What is Juice Jacking?
- What are Romance Scams?
- Traffic Offenses and Violations
- What is Doxing and How to Prevent it?
- What are Spam Text Messages
- The U.S. Death Penalty: History and Modern Usage
- What Are the Different Types of Bankruptcies and Which One Is Right for You?
- Common eBay Scams to be Aware of
- What Happens When You are Booked in Jail?
- What Information Can You Get From A License Plate
- Different Types of Assets
- How to Search and Find Family Members and Relatives Who Are Long Lost?
- Car History Guide, Benefits, Importance
- Am I Dating a Stalker?
- How to Find out if Your Partner is Cheating
- What Are the Types and Tools of Packet Sniffing Attacks?
- Intellectual Property Law and Rights
- Cyberstalking And Its Dangers
- A Guide to Phishing Scams
- What is Organized Crime?
- I’ve Lost My Driver’s License: What Should I Do?
- Misdemeanor Charges: Types, Classes, and Penalties
- A Complete Guide On Catfishing
- Vanity Phone Numbers: Why They Are Important and How to Get One
- What Happens When You Get Arrested
- Guide to Find Information About a Person Online
- How To Find And Claim Unclaimed Money
- What Happens if You Violate Probation
- Guide on How to Remove a Mugshot from the Internet
- How to Stay Safe on Public WiFi
- What Is an Outstanding Warrant and How Can You Check if You Have One?
- Different Types of Car Insurance
- What Is Cyptojacking?
- What Is Email Security?
- What Is the Deep Web and What Can Be Found There?
- What Happens When You Declare Bankruptcy
- How Divorce Settlements are Calculated
- What are Common Methods of Social Engineering
- What is the Difference Between a General Lien and a Specific Lien?
- How to Detect Odometer Rollback
- Different Types of Probation
- Finding forgotten life insurance policies
- What is Bearer Bond and Why the US Banned it
- Everything you need to know about small claims court
- Moral Turpitude: Definition, Examples, and Much More!
- Misdemeanor vs Felony
- How to Read a VIN Number and What It Tells You
- How to Find Out Who Hacked Your Cell Phone
- How Long Does a Misdemeanor Stay On Your Criminal Record?
- The Paypal Phishing Scam You Should Care to Avoid
- How Many Different Types of State License Plates Are There and Which Is the Standard One?
- Effects of Cyberbullying: Complete Guide for Parents
- What is the DPPA?
- Is Petty Theft a Misdemeanor and What Are the Consequences?
- What is a Life Sentence? Life in Prison
- Find out How to Check if Someone Has a Warrant Online for Free
- Is a Marriage Certificate the Same as a Marriage License and What Are the Differences?
- The Ten Most Popular Celebrity Mugshots
- How to Find Out if Someone is Married?
- How to Stop Phone Number Spoofing?
- How To Avoid Probate
- Dealing with abandoned vehicles in your neighborhood
- How to Find Someone's Cell Phone Number by Their Name
- Who Are the Worst Drivers in America?
- How To Find Unclaimed Money From Deceased Relatives
- What is a Digital License Plate?
- How to Find out if Someone Died?
- Murder vs Manslaughter: The Differences and Definitions
- How to Hire a Private Investigator?
- What Is a Number Neighbor?
- How to Find Out if Someone was Arrested
- How to Find Someone's Birthday?
- What is a Car Title
- How to Obtain a Police Report and Court Records?
- What is the Punishment for Filing a False Police Report?
- Prison Valley: Look inside Prison Town
- How to Get Custody of a Child Without Going to Court?
- How to Find Someone’s Social Media Profiles?
- What to Do if Your Phone Is Tapped?
- What Is a Deed in Real Estate?
- Where Was The First US Federal Penitentiary Established?
- Can You Track Someone's Location with Just a Phone Number?
- What Is a Restricted Phone Call and How to Block The Number?
- Who is the Most Dangerous Prisoner in the World?
- Poshmark Scams: How to Prevent and Report Them
- What to Do When Someone Is Missing: Practical Steps on How to Find a Missing Person
- How to Send Money to an Inmate in a Prison or Jail
- DUI vs DWI: The Difference Between DUI and DWI
- How Long After Buying a Car Do You Need to Register it?
- How to Find Someone's Address?
- What is an Ignition Interlock Device?
- What Is Situational Crime Prevention?
- How Can I Find Out Who Called Me for Free?
- Gun Free Zone Statistics and Facts
- Online Threats and Digital Security: Trends, Types and Most Common Examples
- Cold Cases: Best Practices For Police Officers and Investigators
- Court Order: Definition, Types and Examples
- What Does a Fingerprint Background Report Show?
- How to Check Your Criminal Record?
- What is Tort Law?
- How to Calculate Child Support
- Property Rights: Definition, and Characteristics
- 12 Common Reasons for Public Records Request
- What is Antitrust Law?
- Virginia Gun Confiscation Law
- Ways to Know Who Owns a House
- Neighborhood Watch Program
- How to Perform a Mugshot Search?
- Crime Mapping
- Safest Colleges in Florida
- Veterans Guide to Cars and Driving
- U.S. Correctional System: Structure, Incarceration and Facts
- License Plate Laws in the US
- How to Find Out If Someone Is in Jail?
- Email Hacking: Laws, Penalties and Protection
- Romeo and Juliet Laws
- Holiday Safety for Home and Family
- Differences between Criminal and Arrest Records
- Public Records and Property History: What is Public Information and What Isn’t
- How to Look up Immigration Inmates?
- Famous Prisons in the USA
- How to Find the Registered Owner of the Vehicle for Free?
- How to Search for Your Family Tree?
- The Federal Judicial Center
- Mass Incarceration in the USA
- What is COPPA (Children's Online Privacy Protection Act)?
- Data Safety After The Capital One Breach
- Scholarships Guide for Students
- Complete Guide to Student Safety
- What Is a Vehicle Identification Number?
- Determining Divorce: 5 Types of Divorce You Must Know
- Sex Offenders: Complete Guide to be Protected
- New Privacy Laws and Public Records
- Motor Vehicle Registration in the US
- Digital Token Age: Security Laws and Regulations
- Facial Recognition Technology and Legal Restrictions
- What Shows up in a Background Report
- What is Repossession of a Car?
- Protecting Yourself from Phone Scams
- Human Rights in the Prison
- What are Business Competition Laws?
- What is a Hate Crime?
- Starting a Business and Business Licenses
- General Data Protection Regulation (GDPR) Guidance
- Criminal Justice Reform
- Tax Reform Impact and Changes To Know
- Self-Driving Cars: Laws and Regulations
- White-Collar Crime: Statistics and Facts
- Have You Been Arrested? Cases You'll Need a Lawyer
- How to Get a Driver's License in the US
- Car Theft in the US: Statistics and Facts
- Identity Theft Passport Program
- Changing your Name after Marriage: What You Need to Know
- Finding the Perfect Roommate: Dos and Donts
- What to Do in a Car Accident?
- Property Crimes: How to Burglar Proof Your Home
- Consumer Laws in the US: What Do They Mean for a Customer and a Business Owner
- Child Trafficking: The Scope, Understanding, and Prevention
- Business Assets: A Guide to the Financial Health of your Business
- Guide To The College Application: How, When and Where to Apply
- Which States Have “Stand Your Ground” Laws?
- Adolescent Depression Symptoms and Causes
- Things to Know About the U.S. State Department Travel Advisory System
- Inheritance in the US: With & Without a Will
- Online Dating Safety Guide for Men and Women
- Sexual Abuse in the U.S.: Laws and Statistics
- Supporting Children After Divorce: Child Custody Options
- Halloween Horrors Come to Life: Holidays Crimes in the U.S.
- Charity Scams in the U.S.: Be Aware and Protected
- Webcam Hacking & Spying in the US
- Freedom of Religion in the U.S.
- Senior Financial Scams: How are the Elderly Targeted and How to Avoid It
- Catcalling: Is it illegal? How to Deal With It
- A Complete Guide To Insurance Fraud: Common Types and Prevention
- Sextortion: What to Do if You Became a Victim of Blackmailing
- Concealed Carry: How to Protect Yourself on Campus
- Debt Collection Laws | Fair Debt Collection Act: What You Need To Know
- How Much Is My House Worth? Ultimate Guide to Home Buying and Selling
- Traits of Sociopaths, Are They Dangerous and How to Deal With Them?
- Who Are Your Neighbors and How to Find Out About Them
- Learn How to Find Your Birth Parents
- The Importance of Public Records in Law
- What's The Difference Between a Jail And a Prison?
- Homeowner's Insurance Coverage & Common Claims
- The Disturbing Facts of Gun Violence in America
- How to Use Public Records in Marketing
- Best & Worst Cities for Driving
- LGBT Bullying
- A Parent's Guide to Keeping Your Child Drug-Free
- What You Need to Know When Buying or Selling a Used Car
- Guide to Filing for Bankruptcy
- Making Your DMV Experience Fast And Easy
- How to Appeal the Court's Decision
- How to Fight a Traffic Ticket?
- How to Prepare For an Active Shooter Incident
- How to Protect Yourself Against Cyber Attacks
- How to Report a Crime?
- Keeping Your Neighborhood Safe For Your Family
- School Safety and Security Standards
- 50 Things to Know When Filing for Divorce
- Tips for Back-to-School Safety and Security
- A User's Guide to Warrants
- What to Do When You Are Stopped By the Police
What Happens When You Declare Bankruptcy
Illness, job loss, and disability are the root causes of many individuals filing for bankruptcy. Bankruptcy is the legal process of discharging the overwhelming debt – asking the courts for help when more is owed than can be paid. In 2020 more than 520,000 Americans declared bankruptcy, down from 2 million in 2005. Businesses used to declare bankruptcy with some frequency but the rate has likewise dropped to single digits.
Medical bills account for more than 60 percent of personal bankruptcies in the United States as such bills are related to one’s ability to continue working. Job loss is the second most common reason for bankruptcy, followed by poor money management (excessive use of credit), divorce, and unexpected expenses such as losing one’s home in a hurricane, earthquake, or fire.
What Is Bankruptcy?
Declaring bankruptcy is a process involving a federal court that lasts 3-7 years.
When an individual or business has reached a point where they owe more money than they have the capacity to pay they may seek bankruptcy protection. There are many forms of bankruptcy that allow some flexibility in locating funds to pay creditors.
The process involves:
- applying to the appropriate court (federal bankruptcy court with jurisdiction)
- disclosing all financial information, debts and assets
- contacting all creditors according to the court’s process
- following the court’s requirements
- potentially selling (liquidating) some valuable belongings and accounts to pay creditors
- making all payments required by the court
- waiting several years for the bankruptcy to be cleared from one’s credit report
Some bills cannot be forgiven through bankruptcy.
Bankruptcy records are public documents. The process requires public disclosure so that creditors can see that the debtor’s accounts are paid fairly.
Why Declare Bankruptcy?
It’s very common for Americans to declare bankruptcy. In 2005, one in 55 households took these steps to hold back creditors. Bankruptcy is a temporary solution to accruing too much debt. The most common reason for bankruptcy is medical bills, which can be discharged.
Types of debt that cannot be discharged in bankruptcy include:
- federal student loans
- child support payments
- most tax liens
- payments for willful and reckless injury to another person
Types of Bankruptcy
Businesses generally enter Chapter 11 bankruptcy, but individuals have the option of declaring Chapter 7 or Chapter 13 bankruptcy for the overwhelming personal debt. Each has a different format for discharging debt, such as:
- Chapter 7 – this is a quick form of bankruptcy that allows an individual to pay off creditors quickly, but it requires that the person’s income is below average for their state of residence. This type of bankruptcy requires liquidation (sale) of any valuable asset, whether that’s a vehicle or jewelry, or a home. This bankruptcy stays on one’s credit report for 10 years.
- Chapter 13 – this type of bankruptcy creates a structured payment process that lasts up to 10 years and allows the individual to keep many assets rather than sell them to pay the debts. It’s the process of choice for those with a regular income and home or vehicle they want to keep. This type of bankruptcy stays on your credit report for at least 7 years.
Consequences of Bankruptcy
The primary consequence of bankruptcy is that the individual’s credit score is significantly harmed. Having a bankruptcy on one’s credit history for several years severely limits their ability to qualify for new loans, such as mortgages. It may also cast a shadow on job applications in sensitive industries like finance or banking. In addition, landlords may access credit scores to determine if you’re a good risk for renting a home. Unfortunately, those who declare bankruptcy may jeopardize many opportunities and risk a lot in order to be released from debt, making bankruptcy a last resort.
What Happens to My Credit if I Declare Bankruptcy?
The credit reporting agencies (Experian, TransUnion, Equifax) calculate a person’s credit score based on their income and past history including prompt payment of bills and complete repayment of loans. Scores range from 300 (low) to 850. Credit scores affect an individual’s life far beyond the ability to borrow money, as they are often referenced for other reasons such as job applications in certain industries or for secret military or government clearance.
If you declare bankruptcy it remains on your credit score for several years, effectively blocking the ability to qualify for a variety of opportunities, including:
- unsecured credit cards
- unsecured loans
- car loans
- mortgages
What Happens to My Property After Bankruptcy
During the bankruptcy process, a court-appointed trustee or administrator oversees the process and may require you to sell assets or property as part of your repayment to creditors. Some assets may be protected depending on your ability to pay debts on schedule and the type of bankruptcy you pursue (Chapter 7 or 13).
Will Bankruptcy Affect My Job or Future Employment?
Declaring bankruptcy shouldn’t affect an established, ongoing job or career unless the bankruptcy is directly related to one’s position in a sensitive financial industry or the government. However, if a person declares bankruptcy between jobs that stain on their credit score may be seen by prospective employers. Those seeking jobs in financial industries as investment advisors or bank officers may have trouble with a bankruptcy record included in their credit history.