Does filing Bankruptcy hurt your credit? (2024)

Mortgages and general debts always lend a bankruptcy option. This means that you can file for bankruptcy when you can’t repay the debt, so you are not obligated to repay it because your financial status shows that you cannot.

However, even though it is an option that can help you end the financial relationship with mortgage lenders or other debts. This procedure is completely legal; however, filing for bankruptcy status can affect your credit score for the worse.

Contents

How does filing bankruptcy work?

Filing bankruptcy is not something you just announced. Bankruptcy is a legal proceeding that the federal bankruptcy courts must oversee. This process involves both the borrower and the creditors.

In this process, the client has to formally declare that they can no longer meet their debt obligations, so the court will absolve them of one or even all of their current debts if necessary. They may also be able to help pay a portion of the debt.

To become bankrupt, the client must have exhausted all financial options and demonstrate to the court that it is not economically feasible to meet their financial obligations.

The bankruptcy status will appear on a credit report for the next 7 to 10 years; once completed, it will not appear that you are in bankruptcy on your account statements. This will not allow you to open credit card accounts or get new loan agreements.

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How to file bankruptcy for credit card debt?

There are two types of bankruptcy that you can file for if you can no longer pay your credit card debt. The bankruptcy status options are Chapter 7 and Chapter 13.

Chapter 7 Bankruptcy

This is known as straight bankruptcy; it is the most common when filing for bankruptcy because it represents a clean slate. With this bankruptcy, any existing debt will be eliminated under a legal order that exempts you from all debts.

Before being accepted, the federal court trustee must supervise the sale of any possible assets, although some are exempt from the mandatory sale. Exempt assets include cars, work tools, and basic household furnishings.

Any assets sold by the trustee will be used to pay creditors and reduce the debt, and with no assets available, the remainder of the debt will be eliminated by the court.

While it is true that you will be released from debt obligations, being in bankruptcy does not mean that the status will be maintained. The client must still meet liabilities such as alimony or child support if they have children and pay annual taxes.

It may seem like a good option to file a Chapter 7 bankruptcy, but you should be aware that this will have financial consequences. You will lose any property that can be sold to pay off part of the debt, and the bankruptcy information will remain on the credit report.

Having a credit history with a Chapter 7 bankruptcy means that you will not be able to open new credit accounts for as long as you are and even longer if the bank decides to reject the application.

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If you re-file a debt, you cannot file for bankruptcy for the next eight years since you started the first process.

Chapter 13 Bankruptcy

Chapter 13 bankruptcy is not a clean slate like the previous case, but it can help you deal with your financial obligations. It will help you reorganize your debts, making them much more affordable to repay.

It works through a negotiation between the bankruptcy court and the attorney to generate a payment plan with the creditor of between 3 and 5 years. The negotiation may vary, but the client must commit to paying the debt in whole or part within this established time frame.

In addition, this type of bankruptcy helps you keep your assets without the need to sell them to pay part of the debt, as long as you commit to making a partial or total repayment of the money owed. Otherwise, you may have to sell your assets to fulfill the deal.

Once the established repayment plan has been paid, the bankruptcy status will be revoked.

Chapter 13 bankruptcy will appear on your credit report and affect your credit. However, it is not as serious. Having the opportunity to keep the assets will not affect your credit history as much.

The bankruptcy status in this option will disappear seven years from the start of the process, and if necessary, it can be filed again after two years.

How to rebuild credit after bankruptcy?

With any bankruptcy you choose, your credit will take a hit on your credit history, but that doesn’t mean all is lost. There are options to help you renew your credit after going through bankruptcy.

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Monitor the credit

Since your credit score will go down, it is recommended that you track your progress on your credit report. Keeping track can help you understand how to address possible expenses that affect your credit score.

Always pay the bills on time

To earn credit points, paying bills on time is key – finance companies pay close attention to paying bills and taxes. Avoid having late payments because it can affect you more.

Get a Budget

A smart way to avoid debt is to create a budget. This will serve as a financial guide and start to control your finances so that you don’t spend money you do not have.

Consider a secured credit card

As you are coming out of bankruptcy, you may have trouble getting approved for a traditional credit card. Secured credit cards work similarly but require a deposit that acts as collateral for the credit account.

By using them wisely, i.e., maintaining a good balance and paying your monthly bills on time, you will build a positive credit history and apply for a traditional credit card if you want to.

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Does filing Bankruptcy hurt your credit? (2024)

FAQs

Does bankruptcy really ruin your credit? ›

According to credit scoring model FICO's website, “A bankruptcy will always be considered a very negative event by your FICO Score.” The general takeaway is that as long as a bankruptcy filing is listed on your credit report, your credit score will be affected by it for years to come.

Will I have good credit after bankruptcy? ›

You can typically work to improve your credit score over 12-18 months after bankruptcy. Most people will see some improvement after one year if they take the right steps. You can't remove bankruptcy from your credit report unless it is there in error.

How much will my credit score drop if I file bankruptcy? ›

The exact effects will vary, depending on your credit score and other factors. But according to top scoring model FICO, filing for bankruptcy can send a good credit score of 700 or above plummeting by at least 200 points. If your score is a bit lower—around 680—you can lose between 130 and 150 points.

Can you have a 700 credit score with bankruptcies? ›

Answer: While the task may seem daunting, it's absolutely possible to rebuild your credit score following a bankruptcy. In fact, when handled properly, many people can achieve a credit score of 700 or more within two years.

Can you get an 800 credit score after Chapter 7? ›

During this 12-18 month period, your Fair Isaac Corporation (FICO) credit report can move from bad credit (usually less than 579) to the fair range (580-669) if you actively work on rebuilding your credit. But getting a good (670-739), very good (740-799), or excellent (800-850) credit score will take more time.

Can bankruptcy clear all debt? ›

Not all debts are discharged. The debts discharged vary under each chapter of the Bankruptcy Code. Section 523(a) of the Code specifically excepts various categories of debts from the discharge granted to individual debtors. Therefore, the debtor must still repay those debts after bankruptcy.

How long does it take to get a 750 credit score after bankruptcy? ›

You might, however, choose a secured loan with a down payment to expedite the process. Regardless, trying to raise your Credit report to 750 or even higher can be a whole different ball game, and it could take up to 3-4 years to get there, assuming you work diligently on rebuilding your credit.

How fast can you recover from bankruptcies? ›

Filing for bankruptcy can feel like you've hit the financial equivalent of rock bottom. While it does wipe out your old debt or restructure it, bankruptcy stays on your credit report for seven to 10 years, hurting your long-term chances of qualifying for a mortgage or other credit.

How long do bankruptcies stay on your record? ›

A Chapter 7 bankruptcy can stay on your credit report for up to 10 years from the date the bankruptcy was filed, while a Chapter 13 bankruptcy will fall off your report seven years after the filing date. After the allotted seven or 10 years, the bankruptcy will automatically fall off your credit report.

Can you borrow money if you are in bankruptcies? ›

A debtor involved in an active Chapter 13 proceeding must get permission from the administrator or trustee to borrow while in bankruptcy, either informally or by filing a motion to incur debt.

Do bankruptcies clear personal loans? ›

Yes, personal loans are usually dischargeable. In the case of Chapter 7 bankruptcy, most types of debt can be discharged, including unsecured debts from creditors. Personal loan debt can be discharged as part of bankruptcy proceedings.

How much money can you get with a 700 credit score? ›

You can borrow from $1,000 to $100,000 or more with a 700 credit score. The exact amount of money you will get depends on other factors besides your credit score, such as your income, your employment status, the type of loan you get, and even the lender.

Is bankruptcy worse than debt relief? ›

Bankruptcy frees you from debt collection, but the headaches can linger for years. Debt settlement without bankruptcy can take more time but — if negotiated properly — can do less damage to your credit. Debt settlement stays on your credit report for seven years, but has less negative impact on your credit score.

How long will bankruptcy tarnish your credit score? ›

A bankruptcy drops off your credit report after 10 years if you file for Chapter 7 bankruptcy, or after seven years if you file Chapter 13 bankruptcy. As long as it stays on your credit reports, a bankruptcy can hurt your credit scores, but its impact on scores lessens over time.

Can bankruptcy really be removed from credit report? ›

However, if you've filed for bankruptcy, there is no way to remove the public record from your credit reports on your own because the filing is accurate.

Does your credit score go up while in Chapter 13? ›

You make regular payments to a trustee, who distributes the funds to your creditors. You can establish credit by routinely making these payments. Utilization of credit affects credit scoring. Your credit utilization ratio drops as you pay your obligations in Chapter 13, which can improve your credit score.

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