Which Is Worse: Bankruptcy Or Foreclosure For Your Credit Score?

 If you have been thinking of filing personal bankruptcy, you’ve probably thought about what the long term impact of bankruptcy will be. A big issue that many people are concerned about today is foreclosure, especially which is worse, bankruptcy or foreclosure, for your credit score. Yet bankruptcy and foreclosure are very different, and hard to compare. Here are some basic issues to consider.

Foreclosure is just another debt like any other secured debt, such as a car loan. If you fail to pay, the lender is secured, and will take back the asset. This can be a repossession of your car, or foreclosure on your home. of course, either one is a major ding on your credit report.

Bankruptcy is a different situation, allowing you to get rid of multiple debts or set up a repayment plan. The major credit scoring companies wont’ tell you which is worse, or by how much, but by the time you’re in a position to have your ouse go to foreclosure, your credit is likely so poor that a bankruptcy will not hurt you that much more in terms of credit score.

Still, if you’re uncertain whether to file bankruptcy or instead to allow your home to be foreclosed upon, consider these issues. Even if you file bankruptcy, you can still lose your home in foreclosure because the mortgage lender can request the bankruptcy court to allow the house to be sold so they can be paid. This type of sale is more likely in Chapter 7 bankruptcy, where debts are discharged, and not in Chapter 13 bankruptcy, where you can set up a repayment schedule to pay your debt and possibly keep your home. This is a way bankruptcy can help you avoid foreclosure.

Your best option is to talk with a bankrtupcy attorney and a credit counseling agency, to see how your income, total debt, and expenses will impact your decisions. Perhaps it’s more important to you to save your home, and not your credit score. In such a case, whether bankruptcy or foreclosure is worse for your credit score may not matter very much.

Who Is Eligible to File Chapter 7 Bankruptcy?

Chapter 7 bankruptcy can provide for a financial fresh start to those who use its power to rid themselves of creditors harassment and headaches – but not everyone is eligible to file for Chapter 7 bankruptcy protection. The following requirements must be met in order to file a Chapter 7 bankruptcy:

- Within the last 180 days you completed a credit counseling course on the internet, on the phone, or in person from a counseling agency approved by the Court;

- The state in which you are filing must have been your place of residence for the previous 90 days. If you have not resided in the state for 90 days then you may file in the state where the majority of your assets have been located for the last 180 days or where your principal of business is located;

- You have not had a previous bankruptcy dismissed within the last 180 days for (1) failure to appear before the court of failure to obey court orders, or (2) voluntary dismissal after a creditor requested relief from the stay;

- Not having filed a Chapter 7 within the last 8 years where a discharge was received;

- Not have received a discharge in a Chapter 13 filed within the last 6 years. This does not apply if you paid 70% or more to unsecured creditors in your Chapter 13 Plan;

- Your income over the last 6 months is below median for your county OR your average monthly income over 6 months after deducting for allowable expenses is not enough to pay 25% of your debt over the next 5 years;

- Not be a railroad, a financial institution, or an insurance company.

These requirements are found in the federal bankruptcy code. If you fail to meet one of the requirements, you may still be able to receive bankruptcy protection by filing in another Chapter.

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Protection From Creditors

The Federal Bankruptcy Code provides for protection from creditors. Chapter 7 and Chapter 13 of the Code are designed to help consumers get a fresh start, free from debt.

The automatic stay is a very powerful tool providing protection from creditors. The automatic stay stops many creditor actions, including:

- Foreclosure

- Vehicle repossession and repossession of other property

- Garnishing of wages

- IRS and other tax liens and levies

- Creditor phone calls and other communication

- lawsuits

The claims of creditors will still exist, but they cannot take action to collect on those claims. Unsecured debts will usually be eliminated through discharge. Those creditors that have a security interest in property will be treated differently depending on whether you wish to keep the property.

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