For a lot of
people, the term “bankruptcy” refers to a trick: People rack up immense debts
they can’t hope to pay back, and when justice begins to close in on them they
can jump in the escape pod marked Bankruptcy and wriggle out of the
consequences, only to repeat the cycle. This,
of course, isn’t true, and as bankruptcy rates skyrocket during the worldwide
economic slowdown we’ve been experiencing, more and more people are realizing
that bankruptcy serves a legitimate purpose in the world. To put it in dramatic terms: Bankruptcy
allows civilization to exist, because it gives us rules and structure for
dealing with financial ruin.
The Bad Old Days
In the past, an inability to pay bills was dealt with
via a destructive and unrealistic hostility.
People were even thrown into jail because they failed to pay their
bills, and even where debtor’s prison didn’t exist, there were usually endless
rounds of punishments that sank people into a hole they would never crawl out
of. While that might seem like justice
to some folks who have smugly never missed a payment in their lives, the fact
is it was totally harmful to society: The debtor had no chance not only of
paying off that specific debt; they had no chance to pay off other debts either. Punishment therefore spread like a cancer to
all the interested parties.
The Modern Method
In contrast, bankruptcy today allows for an orderly
and fair review of the debtor’s assets and debts, and as many debts as possible
are made whole. Lenders are able to
negotiate to get at least some minimum amount of their principal back, and the
debtor is allowed to rebuild their lives and their finances not only after
their debts are discharged, but during the process as well – which benefits
everyone.
More and more people are
realizing this – more than a million people filed for bankruptcy protections
under either Chapter 7 or Chapter 13 in 2012 and 2013. The two main types of bankruptcy differ
slightly in the details of how they work, and a professional should be
consulted before making any decisions involving bankruptcy. But if you are at a point where paying your
debts has become impossible, it’s a better choice to alert your creditors and
work with them under a legal structure than to deny what’s happening and let
chaos rule the day – as it surely will if you don’t file.
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