Quoted:
I do know for a fact it will haunt your credit for seven years, and if you finance anything one of the first questions you are asked is have you ever filed bankruptcy?
My friend could not finance a home nine years later from a bankruptcy unless his dad co-signed.
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Well, Yes and No.
It does stay on your credit report for seven years, but if you begin to re-establish credit and maintain it the effects are diminished over time. It will only haunt you if you are irresponsible again after bankruptcy. And, believe it or not, it's actually easy as hell to get unsecured credit after filing, because the CC companies know you cannot file, by law, for another seven years, hence the trap that many folks fall right back into.
There are limits to personal property and they add up fast, and certain unsecured debts, like student loans and back taxes cannot be dismissed under chapter 7.
Also, you will not be allowed to file chapter 7 by the courts if in their opinion your debt to income ratio is such that you can make structured payments under chapter 13.
By law, creditors MUST stop harassing you when they are notified of your filing, and they are subject to penalties if they continue to harass after being notified by your attorney.
They are allowed representation at your hearing, but unsecured creditors rarely show. Sears, and other big ticket item companies, probably will show up to be considered as secured creditors, which would result in your reaffirming and paying on the debt, or surrendering the item or making other arrangements. It's [i]doubtful[/i] that anyone company would come to your home without warning or without filing a motion, to reposess anything. They are required to do so through legal channels.
Once the unsecured debt is discharged, it's gone.
My wife filed Ch. 7 before we were married, and even though only outside the discharge for 5 years, due to good credit management since that time, she can borrow money at the normal rate and actaully has a very high credit score.
She and I had no trouble qualifying for a home and a low interest rate despite the bankruptcy, and our newest automobile is in her name, solely, at Tier one, excellent credit interest (Less than 2.0%) with a discharged bankruptcy on her record. BUT she was very diligent in re-establishing her credit. Most folks, sad to say, aren't, and it does end up hurting them for several years.
DISCALIMER: All of the above is of course, my own experience and ain't meant to be any sort of legal advice, and the laws and procedures vary state to state. Your best bet is to make an appointment and consult with a Bankruptcy Attorney. Just merely trying to give you the benefit of my experience as my wife moved through the process.
Bankruptcy is a chance to start over, but it is a step not to be taken lightly. The bad outweighs the good, if IMO, you can aviod it, do.
Good Luck, avenge, in whatever you decide. I hope it works out for you.
SG