Bankruptcy could help you get a fresh financial start in 2025

On Behalf of Law Office of Paul L. Urich, P.A. • January 1, 2025

With the start of a new year, a lot of Americans are taking stock of their finances and looking for the best way to get out of debt. If your debt has become overwhelming and is affecting your ability to pay for everyday necessities, it may be time to consider bankruptcy.


You wouldn’t be alone. Personal bankruptcies in the U.S. have risen by 16% since last year. One thing that many of these folks have in common is that they waited longer than they should have. One law school professor and bankruptcy expert says that often “people are struggling with their debt for more than two years” before getting legal guidance.


Do any of these “red flags” sound familiar?

While bankruptcy typically isn’t (and shouldn’t be) your first choice for getting debt relief, you also don’t want to take drastic steps like emptying your retirement accounts or your child’s college fund or simply redistributing debt by getting a 0% interest credit card to transfer balances from other credit cards. These 0% cards come with strings, including eventually charging interest. Using payday loans and other methods of borrowing money just to pay bills and by groceries are also “red flags” that a person’s financial situation is not sustainable.


If things have gotten to the point where creditors are coming after you, it’s wise to explore bankruptcy. Dealing with collection phone calls, emails and letters is bad enough. If you’re looking at a wage garnishment by a creditor, repossession of your car or foreclosure of your home, it’s definitely time to get help.


Learn more about bankruptcy

Filing for bankruptcy isn’t a quick process. First, you’ll need to determine which type is right for you – Chapter 7 or Chapter 13. It’s important to find out more about both of those. 


The more you learn about bankruptcy, the more you may find that a lot of what you believed or were told wasn’t true. For example, while bankruptcy will affect your credit score, being deeply in debt has likely damaged it significantly already. With wise choices, people can rebuild their credit scores after bankruptcy.


If you’ve exhausted all other reasonable options for dealing with your debt, it’s time to explore what bankruptcy would mean for you and your family. Getting sound legal guidance is a good first step.

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Filing bankruptcy involves several steps. While these steps are not specifically part of the bankruptcy filing, consumer credit courses are still required before the debt is fully discharged. Pre-filing credit counseling Before you can file for bankruptcy, you must complete this course. It aims to help you understand your financial situation and explore alternatives to bankruptcy. It must be taken from an approved agency, and you need to complete it within 180 days before filing. The course typically lasts about 60 to 90 minutes and can be done online, over the phone, or in person. During the course, a credit counselor will review your income, expenses and debts. They will help you create a budget and discuss possible options for managing your debt. If bankruptcy is the best option, the counselor will provide a certificate of completion, which you must include with your bankruptcy filing. Filing for bankruptcy Once you have completed the pre-filing credit counseling course and received your certificate, you can proceed with filing for bankruptcy. It involves submitting a petition to the bankruptcy court and various forms detailing your financial situation, assets, and debts. Post-filing debtor education After filing for bankruptcy, you must complete a debtor education course before your debts can be discharged. This course focuses on financial management and aims to help you avoid future financial problems. It covers topics such as budgeting, saving and using credit wisely. The debtor education course is also provided by approved agencies and usually lasts about two hours. Like the credit counseling course, it can be taken online, over the phone, or in person. You will receive a certificate upon completion, which you must file with the court to obtain your bankruptcy discharge. Importance of compliance It’s crucial to complete both the pre-filing credit counseling and post-filing debtor education courses. Failure to do so can result in dismissing your bankruptcy case, which means your debts are not discharged. These courses aim to ensure that you fully understand your financial situation and have the tools to manage your finances better in the future. A bankruptcy attorney can help with these other requirements Consumer credit counseling courses are a mandatory part of the bankruptcy process and serve an essential purpose. They help you assess your financial situation, explore alternatives to bankruptcy and learn how to manage your finances effectively. Completing these courses is essential for a successful bankruptcy filing and a fresh financial start.