Is Bankruptcy Worse Than Foreclosure?

By Janet Smiley

Anyone considering filing for bankruptcy is probably going over and over all the impacts of filing both over the short term and the long term. One huge matter to consider is foreclosure of your home, and particularly whether foreclosure or bankruptcy is worse for your credit score. However these two are so different, it's not really comparing apples to apples. Here are some basic issues you need to review when deciding between bankruptcy and foreclosure.

To start with, a foreclosure is based on your mortgage, which is basically just like any other secured loan, similar to a car loan. Should you fail to pay, the lender is still protected because the loan is secured by your home, and the lender can take back the home to pay for the debt. This repossession is called a foreclosure. Just like repossession of any other asset, like a car, a foreclosure is a serious mark on your credit report and lower your score.

Bankruptcy is somewhat different, because it is an organized way to wipe the slate clean of nearly all of your debt, both secured and unsecured. Generally, you can either get rid of, or discharge, debt, or set up a court-approved repayment plan. When it comes to which is worse a foreclosure or bankruptcy for your credit score, the big credit scoring companies will never tell you exactly. However by the time you have gotten over your head in a big way enough to go to bankruptcy court, your credit is probably already pretty poor, so that a bankruptcy will not hurt your credit score too much more.

But here are the issues you want to consider. If you have not been foreclosed yet, and you file bankruptcy, you can still lose your home because the lender can ask the bankruptcy court to permit a sale of your house to pay off your debt. This type of sale would happen in a Chapter 7 bankruptcy, where your debt is discharged, but in a Chapter 13 bankruptcy you might get a chance to continue to make payments under a plan. In a Chapter 13, this type of bankruptcy might help you avoid foreclosure.

As for your credit score, a bankruptcy may not lower your credit score number too much lower, however your bankruptcy filing stays on your credit report for ten years. So with a bankruptcy, in five years you might have a better credit score but lenders could still see your bankruptcy filing from five years ago, and turn you down on that basis. Foreclosure on the other hand is like any other repossession or single bad debt. It stays on your credit report for seven years, but once you restore some good credit after a few years you could once again qualify for credit. It's important to recognize then that your credit score is not the only thing to consider between bankruptcy and foreclosure.

Before choosing foreclosure or bankruptcy, it's best to talk to a bankruptcy attorney and also a non-profit credit counseling agency. These individuals can help you determine how your debt, income and expenses will play out in either instance. For some people, it's more important to protect their credit score; for others, it's necessary to use bankruptcy to start over cleanly. If you'd rather save your home, you ay not care about your credit score. Talk to a professional to find out more before taking any steps.

About the Author:

Are you trying to determine which is worse, bankruptcy or foreclosure? Find information on bankruptcy at Bankruptcy Help Online.

A Simple Guide to Understanding the Impact of Personal Bankruptcy

By Chris Blanchet

For those who are considering personal bankruptcy, it is unlikely that all of the personal and professional consequences are known. However, the impact is quite serious and, often, harmful.

Bankruptcy is often seen as the last resort to overcome the constant demands of credit companies and debt collectors. Even though it might sound like an easy way out, one must ensure that they do not rush into it. The impact of personal bankruptcy can momentarily pull you out of your brutal financial condition, but at times can also prove to be the most colossal mistake ever made.

The impact of personal bankruptcy can have serious effects on your current and future financial position. Let us see how:

One of the biggest risks that bankruptcy poses to the debtor is that assets are often sold by the trustee to settle debts. Assets are anything of value, including property, investments, and other items of value.

Bankruptcy might not only put current assets at risk, but future assets as well. In the case of an inheritance, creditors may also have a claim against such funds in order to settle their debt.

Besides the above, the impact of personal bankruptcy affects the individual's future credit status too. An undischarged bankrupt cannot act as a company director and would not be allowed to obtain further credit till his case is dismissed by the court.

Perhaps the worst impact of personal bankruptcy comes after the bankruptcy order is advertised locally. This damages the reputation of an individual's name and personal business dealings. Unlike companies, individual debtors cannot trade under a different name. So for the debtor who has declared bankruptcy in the past, all of this information is available in the public domain.

The impact of personal bankruptcy has even harsher realities, particularly after the bankruptcy order is published locally. This notice can potentially have an immediate and earth-shattering impact to the individual's name and personal dealings. Unlike corporations that can take on different trade names, individuals are unable to do so, meaning they cannot hide behind a different name the order can potentially follow them forever.

Personal bankruptcy also affects the debtor's reputation. The entire procedure of declaring bankruptcy is very stressful. At times, the financial affairs as well as the conduct of the debtor are examined in open courts thus proving to be a humiliating affair for the debtor.

Apart from all the above, bankruptcy also plays havoc with the present financial condition of the debtor. He would have to incur huge court and insolvency fee for the entire procedure.

If you are seriously considering bankruptcy as an option to clear your personal debt, review as much information as possible before meeting with a trustee. There is plenty of information available on the matter on the internet.

About the Author:

Chris Blanchet is the author of the Personal Finance e-book Help Fix My Finances, which also serves as the premise for the Members Only website of the same name. His blog can be found at How To Repay Debt. This and other unique content '' articles are available with free reprint rights.