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Considering Going Bankrupt? The Consequences and Alternatives Explained
Neil Robertson
http://www.reachtogether.co.uk
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.
If you want more free information then visit my Debt Advice Free blog for advice on debt from someone that has been in a debt crisis situation and is now debt free. Would you declare bankruptcy? If so, visit my site to see what other options are available to you.
Article submitted Thursday, October 02, 2008
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