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Thursday
Dec162010

How Much Debt Do You Need to File Bankruptcy?

The answer is simple: there is no minimum.  You can technically file a bankruptcy with just a $1.00 of debt.

However, whether you should or not is a more difficult question.  I've seen people with under $5,000.00 of debt file because they had no income and essentially no ability to pay.  The creditors refused to negotiate, leaving the client with little choice.

On the other hand, I've had a client with over $10,000.00 of unsecured debt decide not to file, because his household income was enough to reasonably pay back the debt after making a few adjustments.  With these clients, I often recommend a certified non-profit debt consolidation agency.  Note this is NOT a debt settlement company!  A debt consolidation agency will help you adjust your budget, work with your creditors, and make a single payment to cover most of your obligations.

Also, it's important to know that bankruptcy isn't just about the amount of debt.  Sometimes it's about reversing a recent garnishment, or stopping a pending foreclosure.  In these cases, a person may have no unsecured debt, yet a bankruptcy is still an option.

In other words: it depends.  The only way to determine if bankruptcy is right in your situation is to setup a no-cost consultation to review your circumstances in detail.

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