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How Do I Know if I Should File for Bankruptcy?

July 1st, 2020 at 7:46 pm

Texas bankruptcy attorney, file for bankruptcy in TexasFor many people, the thought of filing for bankruptcy is a scary one. However, for many people, filing for bankruptcy is the best thing they could do for their finances. Filing for bankruptcy allows you to wipe your slate clean and discharge most of your unsecured debts, but it does come with some consequences. Filing for bankruptcy might make your life more difficult in the future, by making it harder to borrow money, lowering your credit score or even affecting your insurance rates. It can be difficult for some people to gauge whether or not bankruptcy is in their best interests, which is where a skilled Texas bankruptcy lawyer can help.

Your Debts Far Exceed Your Income

Think about all of your different types of debt: your mortgage or rent, car payment, all of your different credit cards, and personal loans. How much total debt do you have? Now, think of your income. How much money do you bring in each month? If your monthly debt obligations are much higher than the amount of money you bring in, you may want to consider filing for bankruptcy.

You Face Foreclosure or Repossession of Your Home or Car

Another big reason why people file for bankruptcy is that they are currently experiencing or being threatened with a foreclosure or repossession. When you purchase an expensive object, such as a home or vehicle, it is unlikely that you will buy it outright. Rather, you borrow the money from a lender and repay it over time. If you fail to repay your loan, your property could be taken back. Filing for bankruptcy puts a temporary halt to any foreclosure or repossession actions, giving you time to readjust your finances.

You Have Tried Negotiating with Your Creditors

If you are considering bankruptcy, you have likely already looked at other options for debt relief. One of the easiest things you can do to help lessen the burden is contacting your debtors and seeing if they are willing to work something out with you. Many lenders do not get anything if you file for bankruptcy and will want to work with you, but this is not always the case. If your creditors are unwilling to negotiate or you are still having trouble, bankruptcy might be your best option.

Discuss Your Situation with a San Antonio, TX Bankruptcy Lawyer

Bankruptcy is not for everyone, but for many people, it can give them a second chance with their finances. If you are in debt and are wondering if bankruptcy is right for you, you should speak with a knowledgeable Boerne, TX bankruptcy attorney. At the Law Offices of Chance M. McGhee, we will look over your financial situation with you and determine whether or not bankruptcy would be in your best interests. To schedule a free consultation, call us today at 210-342-3400.




Does Filing for Bankruptcy Affect Employment?

March 26th, 2020 at 4:17 pm

Texas bankruptcy lawyer, TX chapter 7 attorney There are many situations in which a person might resort to filing for bankruptcy. Maybe they or a family member was severely ill and they have tons of medical bills that they cannot afford to pay. Maybe they lost their job and are now getting behind on payments for their bills. Whatever the reason, bankruptcy is usually entered into by individuals who no longer can keep up with their monthly bills because their income is greatly surpassed by their debts. Filing for bankruptcy is often a person’s last chance at trying to reconcile their finances. Most people understand that a bankruptcy affects many areas of their life. What they might not realize, however, is how their bankruptcy could affect their professional life and career.

Can I Lose My Job if I File for Bankruptcy?

The simple answer to this question is no, your employer cannot fire you solely for filing for bankruptcy. According to the United States’ Bankruptcy Code, neither governmental or private employers are permitted to, “terminate the employment of or discriminate…against an individual who has been a debtor or bankrupt under the Bankruptcy Act.”

This means that you cannot be fired, reprimanded, denied a bonus, demoted or otherwise disciplined just because you filed a bankruptcy case. However, if you do happen to experience any of these things after you file for bankruptcy, it can sometimes be difficult to prove that the reason your employer did these things was solely because of the bankruptcy.

Can an Employer Discriminate Against Me Because of My Bankruptcy?

This is where it can become a little tricky. The Bankruptcy Code states that governmental and private employers are both prohibited from discrimination against individuals who file for bankruptcy, but it does not address hiring practices for both types of entities. Government agencies are prohibited from doing nearly anything in relation to an employee who files for bankruptcy, but the same standards are not applied to private employers.

The Bankruptcy Act states that government agencies cannot, “deny employment to…a person who is or who has been a debtor or bankrupt…” When it comes to private employers, the term “deny employment to” has not been included. This means a private employer is not prohibited from denying employment to an individual on the basis that they have filed for bankruptcy.

Are You Worried About How Your Bankruptcy Could Affect Your Career? Contact a New Braunfels, TX Bankruptcy Lawyer Today

One of the biggest financial decisions you may have to make in your lifetime is whether or not you file for bankruptcy. While this could be the best decision for you financially, you may face repercussions, such as issues with your employer. If you are concerned about how your bankruptcy could affect your career, you should speak with a knowledgeable Boerne, TX bankruptcy attorney as soon as possible. At the Law Offices of Chance M. McGhee, we understand how important it is that you protect your finances and your career. Call our office today at 210-342-3400 to schedule a free consultation.



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