If you are considering going bankrupt, then you
are obviously in a very serious debt situation. Bankruptcy may not be
the best solution for you, so it is very important to consider the
alternatives and get qualified debt advice.
What are the Consequences of Going
Bankrupt
In the UK, the consequences for bankrupts are
quite severe. You will have your bank accounts frozen, you will have to
sell any major assets that you own (house, car etc.), and you may have
to pay some money each month out of your income to the insolvency
service (this is quite rare). Certain professions do not allow you to
be a bankrupt, e.g. accountancy or police.
You will not be able to obtain credit whilst you
are bankrupt and you will find it extremely difficult to obtain once
you have been discharged from your bankruptcy.
There is a risk of a criminal conviction if the
investigation into your finances finds that you were reckless in the
way that you got into debt (e.g excessive gambling etc.) and had no
intention of paying it back. These types of convictions are quite rare
and will only be applied in the most serious of circumstances.
What are the Benefits of Bankruptcy
Bankruptcy is the quickest route to becoming debt
free. Once you have presented your petition and been declared bankrupt
you will immediately be free of all your unsecured debts. This compares
favorably with the timescale for an individual voluntary arrangement
that can take 5 years or more to clear your debts.
Alternatives to Bankruptcy
If your situation is serious enough to consider
bankruptcy then the only realistic alternative that will resolve your
debt problem in a reasonable time is the Individual Voluntary
Arrangement (IVA). This is suitable for people that have a profession
that will not allow bankruptcy and also makes it more likely that you
will be able to keep your home. As previously noted it will take longer
to resolve your debt problems (5 years is the standard period but this
can be shortened by making a lump-sum payment from a remortgage). There
will be no investigation into your finances other than the proposal
that the Insolvency Practitioner puts forward to your creditors.
Making the Decision Between
Bankruptcy and an IVA
You should always seek qualified advice when
deciding between bankruptcy and an IVA. The following is offered as
guidance only:
You should try to arrange an IVA if: You have
significant assets that you want to protect. You are in a profession
that doesn't allow you to be bankrupt. You are worried that your
conduct might leave you open to criminal conviction.
You should consider bankruptcy if: You don't own
you own home. Your job is not money related and there are no known
restrictions on you becoming bankrupt.
Article Source: http://www.articlesbase.com/personal-
finance-articles/considering-going-bankrupt-the-consequences-and-
alternatives-explained-585545.html About the Author
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