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What are the advantages and disadvantages of Bankruptcy?
Advantages
All unsecured debt written off –You will no longer be responsible for paying your unsecured debts once you are bankrupt although you may have to make some contributions if you can afford to do so.
Debt free after twelve months - After you are discharged, any outstanding debt will be written off. However, if you have been asked to make monthly payments towards your debt, these may continue after your bankruptcy has finished.
Pay nothing unless you can afford to do so – If you have any disposable income, you may be asked to pay this towards your debt. However, the payments will last for a maximum of three years only.
Keep reasonable personal and household items – If you are declared bankrupt you will be able to keep all of your reasonable household items. This includes washing machines, TVs, DVDs Stereos and home computers.
Disadvantages
Property at risk – If you are a home owner and there is equity in your property, this may be sold if you declare bankruptcy. However, if your property is in negative equity or the equity is less that £5000, you will normally be able to keep your home.
Cars over £1500 may have to be sold – If your car is worth more than £1500, you may be asked to sell this. If you need a car for your work or home life, you will be able to buy a cheaper one. However, the balance of the sale will have to be paid towards your creditors.
Credit rating affected – The record of your bankruptcy will be put on your credit file. This will make it more difficult for you to borrow money in the future. This record will remain on your credit file for 6 years from the date you were declared bankrupt.
Cannot be a company director –You will not be allowed to act as a company director for the duration of your bankruptcy. As such, if you are the owner director of a limited company, you should get further advice from Bankruptcy Made Simple before proceeding down the bankruptcy route.
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