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Sweeney Law Offices Legal Blog

Is Bankrupty the best choice?

4/2/2023

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As a lawyer, I often receive questions from clients about debt settlement and debt consolidation as alternatives to bankruptcy. While these options may seem appealing on the surface, I firmly believe that filing for Chapter 7 or Chapter 13 bankruptcy is almost always a better choice. Here's why:
  1. Legal Protection: When you file for bankruptcy, you receive legal protection from your creditors through an automatic stay. This means that your creditors are prohibited from pursuing collections actions against you, including wage garnishments, bank levies, and foreclosure. In contrast, debt settlement and debt consolidation do not provide any legal protection, leaving you vulnerable to continued collections efforts.
  2. Debt Discharge: Chapter 7 and Chapter 13 bankruptcy both provide the opportunity for debt discharge, meaning that some or all of your debts can be eliminated. Debt settlement and debt consolidation may result in lower payments, but they do not discharge any of your debts.
  3. Payment Terms: In Chapter 13 bankruptcy, you can restructure your debts into a manageable payment plan that lasts three to five years. This can help you catch up on missed payments and get back on track financially. You can also modify your payment lower in some cases through Chapter 13. Debt settlement and debt consolidation may offer lower monthly payments, but the payment terms are often longer, meaning you end up paying more in the long run.
  4. Legal Counsel: When you file for bankruptcy, you have the benefit of legal counsel throughout the process. An experienced bankruptcy attorney can help guide you through the process, ensure that your rights are protected, and advise you on the best course of action for your particular situation. Debt settlement and debt consolidation may not provide the same level of legal counsel and protection.
In summary, while debt settlement and debt consolidation may seem like attractive alternatives to bankruptcy, they often do not provide the same legal protection, debt discharge, payment terms, or legal counsel that bankruptcy does. If you are struggling with overwhelming debt, it's important to consult with an experienced bankruptcy attorney to discuss your options and determine the best course of action for your specific circumstances.
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    Author

    Jesse Sweeney is an American Board Certified consumer bankruptcy expert licensed in Colorado and Michigan, both Federal and State courts.  A graduate of Michigan State University, Jesse has been practicing bankruptcy law for over 20 years and has helped consumers save millions of dollars.

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Sweeney Law Offices is located in Aurora, Colorado and serves clients throughout the State of Colorado including Denver, Boulder, Fort Collins, Colorado Springs and Grand Junction.  We are a debt relief organization offering our clients relief under the US Bankruptcy Code. 
  • Home
    • Locations
  • Contact
  • About
  • Emergency Services
  • Chapter 13
  • Chapter 7
  • Foreclosure Relief
  • Debt Consolidation
  • Student Loan Discharge
  • Loan Modifications
  • Frequently Asked Questions
  • Current Client Frequently Asked Questions
  • Testimonials
  • Bankruptcy Blog
  • Privacy Policy
  • Resources
  • Forbearance
  • Blog