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If you’re considering bankruptcy, it’s natural to have concerns, and you’ve probably heard a lot of myths along the way. The idea of filing for bankruptcy can seem daunting, and misconceptions can only make the process feel even more overwhelming.

Understanding the truth about bankruptcy will not only ease your anxiety but also help you make the best decisions for your financial future. Let’s take a closer look at some of the most common bankruptcy myths and set the record straight. 

Myth #1: Bankruptcy Means You’ll Lose Everything

One of the biggest fears people have about bankruptcy is the belief that they will lose everything they own, from their home to their car. While it’s true that bankruptcy can result in the liquidation of certain assets, the reality is that many of your possessions can be protected.

For example, in Chapter 7 bankruptcy, certain “exempt” assets like your:

  • primary residence
  • car
  • personal property
  • retirement accounts

may be protected from liquidation.

In Chapter 13, you may be able to keep all your assets while working through a repayment plan to get back on track financially. Bankruptcy laws are designed to give you a fresh start, not to strip you of everything that matters to you. 

Myth #2: Filing for Bankruptcy Will Ruin Your Credit Forever

Another common myth is that bankruptcy will haunt your credit report for the rest of your life. While it’s true that bankruptcy will have an impact on your credit score in the short term, it’s not the end of your financial life.

In fact, many people see their credit scores improve after filing for bankruptcy because their debts are discharged, and they are no longer weighed down by unmanageable obligations. Bankruptcy provides an opportunity to rebuild your credit by teaching you financial discipline and giving you a clean slate. It’s much easier to rebuild your credit when you’re not constantly struggling to keep up with unmanageable debt. 

Myth #3: Only People Who Are Irresponsible File for Bankruptcy

There’s a common stigma attached to bankruptcy, with many people assuming it’s only for those who have been reckless with their finances. The truth is, bankruptcy is often the result of factors outside of an individual’s control, such as medical emergencies, job loss, or unexpected life events. In fact, many people who file for bankruptcy have been responsible with managing their finances, but unforeseen circumstances have left them with no other option.

Filing for bankruptcy isn’t a sign of failure—it’s a legal process that allows you to regain control of your financial future. It’s a way for people who find themselves in difficult situations to get a fresh start and move forward with their lives. 

Myth #4: You Can Only File for Bankruptcy Once

Some people believe that filing for bankruptcy is a one-time opportunity, but that’s simply not the case. Depending on the type of bankruptcy and your previous filings, you may be able to file again in the future.

For example, if you previously filed for Chapter 7 bankruptcy and it was discharged, you can file again for Chapter 7 after eight years. For Chapter 13, you can file again as soon as two years after the discharge. Each case is unique, and your eligibility for filing again will depend on your specific circumstances. 

Myth #5: Bankruptcy Will Discharge All Your Debts

While bankruptcy can eliminate many types of debts, not all debts are dischargeable. For example, student loans, child support, alimony, and certain types of taxes are typically not discharged through bankruptcy.

That being said, bankruptcy can still be an incredibly helpful tool in eliminating unsecured debts like credit card balances, medical bills, and personal loans, allowing you to focus on rebuilding your financial stability. A bankruptcy attorney can help you understand which debts can be discharged and guide you through the process of managing the debts that remain. 

The Truth About Bankruptcy

Bankruptcy can be a powerful tool for regaining control of your finances, and understanding the facts behind common myths is crucial to making an informed decision. An attorney can help guide you through the paperwork, determine which type of bankruptcy is best suited for your situation, and ensure that your rights are protected throughout the process.

Contact an Experienced Alabama Bankruptcy Attorney Today

At Pleasant Legal Solutions, we understand that bankruptcy is a deeply personal decision, and we are here to help you navigate the process with confidence and clarity.

If you’re facing overwhelming debt and are unsure whether bankruptcy is the right option for you, contact us today for a consultation. We’ll work with you to develop a plan that helps you move forward and regain your financial freedom.

About the Author
Jeanetta Pleasant is ready to tackle your case with determination, offering trusted legal advice, professional representation, and strategic planning. She holds a B.A. in Political Science from the University of Alabama, earned in 2004, and a Juris Doctorate from Samford University, completed in 2014. Ms. Pleasant has been a member of the Alabama State Bar since September 2014, admitted to practice in the United States District Court for the Northern District of Alabama since August 2016, and to the United States Supreme Court since May 2022. Additionally, Ms. Pleasant has served in both the United States Air Force and the Alabama Army National Guard.