The term ‘bankruptcy’ sounds like the end of the road, doesn't it? It's intimidating, indeed. Yet it is a common business process. According to statistics from the Administrative Office of the US Courts and compiled by Trading Economics, nearly 19,000 businesses have claimed bankruptcy in 2023. Entrepreneurs are used to flipping the script and see it as a new chapter.
Bankruptcy is a tough spot to be in, but it's also a chance to wipe the slate clean and start building again. It's about getting a break from debts that feel like a backpack full of bricks.
Did You Know?
- Annual Filings: In 2021, there were approximately 413,616 bankruptcy filings in the U.S., showing a decrease from previous years.
- Chapter 7 vs. Chapter 13: Of the 2021 filings, about 70% were Chapter 7 bankruptcies, and 29% were Chapter 13.
- Business vs. Personal: In 2021, personal bankruptcy filings accounted for over 96% of all bankruptcy cases, with business filings making up the remainder.
- COVID-19 Impact: Bankruptcy filings decreased by approximately 30% from 2019 to 2020, partly due to government relief efforts related to the COVID-19 pandemic.
- Median Income of Filers: For Chapter 7 filers, the median annual income is around $34,000, whereas Chapter 13 filers have a median income of about $50,000.
Of Course, Bankruptcy Is Bad
Who Will Suffer Because Of Your Bankruptcy?
When you file for bankruptcy, creditors, the folks who lent money, do end up on the losing side. They may not get back all the money they're owed, which can be tough for them, especially for smaller businesses. It's a domino effect; one piece falls, and it can knock down a few more along the way.
While bankruptcy is relief for the person in debt, but it comes with consequences for creditors, highlighting the importance of responsible borrowing and lending practices.
You'll Be Branded As a Scammer
Starting over after bankruptcy is like getting a second chance. But if you jump back in, word gets around and sooner or later, people will raise their eyebrows. You just wiped your slate clean with bankruptcy and you're back at it. They could think you're trying to pull a fast one, even if that's not your intention. They could start calling you a scammer.
Trust is like a glass; once it's broken, it's hard to put back together. Rebuilding a business means also rebuilding trust. It takes time, honesty, and showing that you've learned from the past. Transparency with your customers and a clear explanation of how things are different this time around can help. Starting fresh means doing things better, not just hitting the reset button.
Did You Know?
- Average Debt: On average, people filing for bankruptcy carry between $50,000 and $100,000 in debt.
- Recovery Post-Bankruptcy: Approximately 28% of people who file for bankruptcy are able to rebuild their credit score to 620 or above within 5 years.
- Bankruptcy and Homeownership: Nearly 65% of bankruptcy filers are homeowners at the time of their filing.
- Gender Distribution: About 52% of bankruptcy filers are female, and 48% are male.
- Age Groups: The largest age group filing for bankruptcy is between 35 and 44 years old, accounting for roughly 28% of filings.
Why Bankruptcy Is Hardly Ever The End
With all that said...
Filing for bankruptcy sounds dramatic – and sure, it's not something to take lightly – but it's not the end of your financial life. The law put it there to give folks a way out when things get too crazy, to offer a breather and a chance to regroup.
Here's a breakdown of the steps involved in filing for bankruptcy:
- Gather Financial Records: Start by collecting all your financial documents. This includes debts, income statements, tax returns, loans, assets, and a list of monthly expenses.
- Credit Counseling: Before you can file, you need to complete a credit counseling course from an approved agency within 180 days before submitting your application. This step is mandatory.
- Decide on the Bankruptcy Type: Choose which type of bankruptcy to file. It's usually Chapter 7 (liquidation) or Chapter 13 (repayment plan).
- Fill Out Bankruptcy Forms: Fill in the necessary paperwork. This includes detailed forms about your financial situation. Accuracy here is crucial.
- File the Petition: Submit your bankruptcy forms to the court along with the filing fee. Once filed, an automatic stay goes into effect, stopping most creditors from contacting you.
- Trustee Assignment and Asset Review: The court appoints a bankruptcy trustee to oversee your case. The trustee reviews your assets and finances.
- 341 Meeting (Meeting of Creditors): You'll attend a meeting with the trustee and any creditors who choose to come. You'll answer questions about your finances and the bankruptcy forms you filed.
- Complete a Debtor Education Course: After filing, you must complete a debtor education course before your debts can be discharged.
- Debt Discharge or Repayment Plan: Debt discharge is where your eligible debts are discharged after the trustee liquidates any non-exempt assets. You follow any court orders or requirements until your case is officially closed. Whereas with Repayment plan, you'll start your court-approved repayment plan, typically lasting 3-5 years.
Did You Know?
- Employment Status: Around 60% of bankruptcy filers are employed full-time at the time of their filing.
- Reasons for Bankruptcy: Medical expenses are a leading cause of personal bankruptcy, contributing to approximately 62% of filings.
- Repeat Filings: About 8% of bankruptcy filings are by those who have filed for bankruptcy previously.
- Geographic Variation: Southern states tend to have higher rates of bankruptcy filings, with Alabama and Tennessee consistently showing the highest per capita bankruptcy filing rates.
- Credit Score Impact: Filing for bankruptcy can lower your credit score by 130 to 200 points.
Getting Your Finances Back on Track
Getting your finances sorted after a rough patch is like cleaning out a cluttered garage. It seems overwhelming at first, but once you start, it gets easier. The first step?
- Recreate a budget. It's like mapping out a route for a road trip. You need to know where your money's coming from and where it's going. Track your spending for a month, and you'll see where you can cut back, like maybe those extra coffee runs.
- Focus on building an emergency fund. Even a little bit saved each month adds up. This fund is like your financial safety net, ready to catch you if something unexpected happens.
- Tackle your debts. Start with the high-interest ones because they're like snowballs rolling downhill, getting bigger fast. Paying these off first slows down that snowball.
The Credit Comeback
Repairing your credit is like fixing a broken fence. It takes time and effort, but it's totally doable. First, check your credit report. You need to see what's there, just like you'd inspect each fence post. If you find mistakes, report them. It's like pointing out which posts are actually fine and don't need fixing. Let's break down how to check your credit report and understand your credit score with some straightforward steps:
1. Checking Your Credit Report
- Visit AnnualCreditReport.com: This is the only federally authorized site where you can get free credit reports from the three major bureaus (Equifax, Experian, and TransUnion) once every 12 months.
- Fill Out the Form: You'll need to provide some basic information, like your name, address, Social Security number, and date of birth to verify your identity.
- Choose Your Reports: You can request a report from one, two, or all three of the credit bureaus. It's a good idea to check all three, as the information can vary.
- Review Your Reports: Once you have your reports, go through them carefully. Look for any errors or unfamiliar accounts that could indicate fraud or identity theft.
2. Understanding Your Credit Score
- What's a Good Score?: Credit scores range from 300 to 850. Generally, a score above 700 is considered good, while 800 and above is excellent. Scores below 650 may make it harder to get loans or favorable interest rates.
- Factors That Affect Your Score: Your score is based on factors like your payment history, amounts owed, length of credit history, new credit, and types of credit used.
- Improving Your Score: If your score isn't where you want it to be, focus on paying bills on time, paying down high balances, and not opening new credit accounts too rapidly.
3. Improve Your Credit Score
- Correct Errors on Your Report: If you find inaccuracies, dispute them with the credit bureau. They are required to investigate within 30 days.
- Pay Bills On Time: Set reminders or automate payments. Your payment history is a significant part of your credit score.
- Reduce Debt: Aim to keep your credit card balances low. Paying down high balances can improve your credit utilization ratio, which can boost your score.
- Avoid Opening New Credit Lines Unnecessarily: Each new application can lower your score slightly, so only apply for new credit when absolutely necessary.
- Keep Old Accounts Open: Longer credit history can be beneficial, so think twice before closing old accounts.
Did You Know?
- Discharge Rates: Approximately 95% of Chapter 7 bankruptcy cases result in the discharge of debts.
- Bankruptcy and Retirement: Over 12% of bankruptcy filers are 65 years or older, highlighting the financial struggles faced by some retirees.
- Student Loans: Despite growing concerns over student debt, less than 1% of bankruptcy filers attempt to discharge student loans in their bankruptcy proceedings.
- Bankruptcy Duration: A Chapter 7 bankruptcy typically takes about 4 to 6 months to complete, whereas a Chapter 13 bankruptcy usually lasts between 3 to 5 years.
- Post-Bankruptcy Credit Availability: Within a year of filing for bankruptcy, approximately 43% of filers are able to obtain some form of new credit.
Changing Your Money Mindset
Changing how you think about money is like learning a new language. It doesn't happen overnight, but with practice, you get better. Start by setting clear, achievable goals. Whether it's saving for a vacation or paying off a loan, having a target gives your efforts direction.
Learn as much as you can about managing money. Read books, listen to podcasts, or even take a class. The more you know, the better decisions you'll make.
Needless to say, You'd better be mindful of your spending. Ask yourself, "Do I really need this?" every time you're about to make a purchase. It's like stopping to think if you really need another pair of shoes when you already have a closet full.
Success Stories From Bankruptcy
For inspiration from this difficult position, you don’t have to look far. Apple, likely to become the first $1tn company, filed for bankruptcy in 1997 before Microsoft helped to pick up the pieces. Another, Marvel Entertainment, filed for bankruptcy in 1996 - but today, have movies and a merchandise industry worth billions. American Airlines is another; filing for bankruptcy as recently at 2011, the company was entering the influential S&P 500 by 2014.
Bankruptcy is not the end - in fact, it can be the new beginning. The process offers relief for your business to find steadier ground and to build from there. As some of the biggest companies in the world have clearly shown, bouncing back is entirely possible and can bring you to even greater heights. If you can get your finances in line to present a cogent and sturdy business case, you can stand to benefit.
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Hi Jack, thank you for the encouraging post. I’m taking a big chance on my business, established 5 years ago and I made 6 figures constantly in the beginning. However past 12 months I’ve been struggling to carry through, now I’m in a joint venture with a publishing company which could go right or wrong, nobody knows. If it goes wrong it’s likely I’m going bankrupt. But this is not the end of the world. I’m planning well ahead for the worst case scenario. I’m pretty optimistic. Your information helps. Cheers for the encouragement. K.
Thanks for your comment, I’m glad to hear that the post helps!