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Bankruptcy Myths

Bankruptcy Myths

Common Misconceptions About Bankruptcy

If you’re under a mountain of debt, the idea of filing for bankruptcy must have crossed your mind. But, like many people, you’re afraid to consider it. This fear may be caused by the many misconceptions surrounding bankruptcy. Let’s take a look at some of these bankruptcy myths and see if we can get to the truth.

Myth #1: I can’t file for bankruptcy.

Because of certain laws passed in the early 2000s, many people mistakenly believe they cannot file for bankruptcy. This is not true. The process may be a bit more complicated now, but most people can easily file for bankruptcy by retaining an experienced bankruptcy attorney.

Myth #2: Filing for bankruptcy will mean I’m a failure or a bad person.

Nothing could be further from the truth. Many notable people have had to file for bankruptcy at some point in their lives, including Presidents Jefferson, Lincoln, Grant, McKinley, and Trump. Other successful people who have sought debt relief through bankruptcy include Henry Ford, Walt Disney, Milton Hershey, H.J. Heinz, and J.C. Penney, to name a few. Life happens, and bankruptcy was designed to help hardworking people get a fresh start if they get into financial trouble.

Myth #3: My reputation will be ruined.

Unless you are particularly famous, no one will know about your bankruptcy except your creditors and the people you choose to tell — it’s not like you’re going to have to wear a scarlet letter B around your neck.

Myth #4: I’ll lose everything I own.

A lot of people believe this myth, but it’s just not true. In California, you get to keep your house, car, retirement plan, household goods, clothing, personal effects, personal injury claims, tools of trade, burial plot, and more. An experienced attorney can help you protect your assets.

Myth #5: I’ll never be able to get credit again.

On the contrary, filing bankruptcy erases your debt, making you look more attractive to creditors. This is both good and bad. It’s good because you can get credit but bad because you don’t want to get into debt trouble again. Immediately after your bankruptcy is complete, you’ll start getting credit card offers. The problem? They will have extremely high interest rates. It’s best to avoid these credit cards and build up a strong credit rating before accumulating debt again.

Myth #6: Bankruptcy will ruin my credit score for the next ten years.

While a bankruptcy may stay on your credit report for the next ten years, that doesn’t necessarily hurt your credit rating. If you’re considering filing bankruptcy, your credit is already in pretty bad shape. A bankruptcy will get rid of your debt and allow you to start building a better credit rating.

Myth #7: I’ll never be able to own anything again.

This is not true. Filing bankruptcy does not prohibit you from buying or owning property. In fact, getting rid of your debt burden through bankruptcy makes it easier to get a loan to buy property.

Myth #8: I’m married, so my spouse will have to file for bankruptcy also.

Not true. Although, in many cases, it makes more sense for you and your spouse to both file for bankruptcy if you both have a lot of debt, it is not required. The good thing is that you and your spouse can both file for bankruptcy for one fee.

Myth #9: Creditors will still harass me and my family after bankruptcy.

This is the most blatant myth of all. The minute you file bankruptcy, the court will issue an "automatic stay." This prevents creditors from contacting you. This means no calls, no letters, no lawsuits, no repossessions, and no foreclosures — nothing. You will be off limits to them.

We hope we’ve debunked some of the more harmful myths surrounding bankruptcy for you. Bankruptcy is a perfectly legal option for people who, for whatever reason, have found their lives severely complicated by debt.

If you want to sit down with the legal team at Cal West Law and discuss your options for getting out of debt and getting your life back, call (818) 446-1334 for a free consultation.

“Ali and his staff work really hard for the benefit of their clients and my personal experience with them have been remarkably great.”

- Sami N.

What Makes Cal West Law Different from the Rest?

  • We Aim to Be Accessible

    We believe everyone deserves high-quality service, which is why we offer payment plans and a 0 down offer for all Chapter 7 bankruptcy filings.

  • Focus on Client Care

    Unlike typical bankruptcy mills, we ensure that the highest quality care, knowledge and skill is put into every single client's case.

  • Over 50 Years of Combined Experience

    Between the two partners, our firm's attorneys have over 50 years of experience in bankruptcy law.

Bring Our Firm into Your Living Room

We strive to make the bankruptcy process as smooth and simple for you as possible. Reach out to our firm today to schedule a free in-person or virtual consultation today.