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| The Basics |
The long, hard road back from bankruptcy
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Yes, Chapter 7 or Chapter 13 can give you a fresh start. But bankruptcy
also means credit agencies and others in the know will look at you with
suspicion, perhaps for years. Here's how to rebuild your financial life.
By Dana Dratch
You've declared bankruptcy. Now what?
You have a fresh start, and some new challenges. Your credit rating,
which probably wasn't all that great already, has taken a hit. The
bankruptcy will stay on your credit report for up to 10 years. Lenders
see you as a bad risk because you've legally written off at least some
of your past debts. For a period of time you may not be able to get a
loan or credit card. Once you do, the interest rates and fees attached
will be punishing.
"The purpose of filing is a safety valve," says Roger M. Whelan,
resident scholar of the
American Bankruptcy Institute, a nonprofit professional
organization. "Thank God, the day in which it was like wearing a blazing
star on your forehead is over."
No-frills lifestyle
If you filed a Chapter 13, you're paying off some of your debts in
what's known as reorganization. For three to five years, the court
allows you a set amount to live on. A court-appointed trustee divides
the rest among your creditors each month.
That means a very no-frills lifestyle. Sometimes it means changing the
basics in your life, like how much you pay for shelter and groceries
every month. And you can't take on new debt like a credit card or car
loan without the court's permission.
At the end of reorganization, your obligations are gone and your money
is yours again. But the fact that you've declared bankruptcy, even
though you paid back at least some of your debt, will stay with you for
five to seven more years.
If you filed a Chapter 7, you walked away from most of the debt. Your
salary is yours, if you have one, but the bankruptcy stays on your
credit reports for 10 years. You have to start living on cash, rather
than counting on any form of credit. Building an emergency fund is the
key to that. In addition, creditors may view you as a worse risk than
someone who filed a Chapter 13, which means high interest rates and
punitive fees when you do get loans or credit.
The 800-pound gorilla: getting credit
It's the double-edged sword of post-bankruptcy life: mismanaging credit
may have gotten you into trouble (or just magnified other problems), but
you have to get credit to rebuild your financial life.
After your bankruptcy has been discharged, right away for a Chapter 7 or
after reorganization for a Chapter 13, you need to re-establish good
credit. The rule of thumb: there are no rules. How fast you build back
your credit will depend on a lot of factors that vary widely.
It also depends on what resources you have. Obviously, if you have a
high-dollar income, you have an edge. If you managed to hang onto your
house, mortgage payments on time will improve your credit report. (Many
apartments don't report to credit bureaus, so those payments will keep a
roof over your head but won't help rebuild your credit, says John
Ulzheimer, business development manager for
MyFico.com, a division of Fair Isaac, the company that developed
credit scoring.)
Ironically, people who file a Chapter 7 may have an easier time
re-establishing credit, says Henry Sommer, an attorney and author of "Consumer
Bankruptcy: the Complete Guide to Chapter 7 and Chapter 13 Personal
Bankruptcy." "While you're in a Chapter 13 (reorganization) your
options are somewhat limited in terms of credit."
You can't do much to rebuild credit until your discharge under Chapter
13 is complete. But someone who went through a Chapter 7 at the same
time is already well on the way to repairing credit.
Bankruptcy experts insist that attitude and persistence can make a
difference.
"The consumer who's going to recover faster is the consumer who jumps
back in," says Ulzheimer.
"Financial capacity is one thing," says Tahira K. Hira, a professor at
Iowa State University who specializes in consumer economics and family
finance. "Mental or attitudinal capacity is the other thing."
So if you build a savings account, carry no debts and have an emergency
fund, you're saying, "Look, I can control my behavior," she says. "It
depends on how good a salesperson you are and how good your behavior has
been."
But you have to shop lenders, "and there will be a price attached, which
is higher interest," says Hira.
In the first six months after your bankruptcy discharge, you want to
demonstrate you've learned from your financial mistakes. You've got to
be a model citizen from here on when it comes to financial management.
That means making all your payments on time and building up a savings
account for those inevitable rainy days. If you've managed to keep a
credit card through the bankruptcy, use it once in a while to buy a
necessity and pay it off immediately.
Try a secure card
If you don't have a credit card, establish good financial habits and
apply for a secure card. "A general guideline would be six months (after
your discharge)," says Whelan, a bankruptcy judge for 12 years.
You'll put money in an account. The credit card company will give you a
credit limit of that same amount. When the bill comes in, you pay it, as
you would with a normal card. You get the deposit back only when you
close the account or switch to an unsecured version.
Some card companies may also be willing to give you a credit limit
higher than your actual deposit, says Curtis Arnold, founder and
spokesperson for Cardratings.com. Tip: Look for a card that reports to
one, and preferably all, of the credit bureaus.
The good news: Many secured cards report as unsecured cards, says
Arnold. "And assuming your account's in good standing, once you've had
it for a year you should start getting halfway decent offers on
unsecured cards."
Some smart shopping tips: Look for names you recognize and the lowest
fees and rates you can find. And only consider a card that bills any
fees to your card or bills you directly after you receive it. When they
want money up front, chances are it's a scam, says Arnold.
"Generally, we say that if you get a secured card, usually within six
months to a year of good payment you can qualify for an unsecured card,"
says Arnold. But don't apply for more than one every six months, he
says. Otherwise the inquiries will zing your credit. And be prepared for
sticker shock with APRs from the high teens up to the 20s, he says.
One of the biggest problems with bankruptcy is that borrowing money is
going to cost more for a while. A lot more. If you pay off the cards
every month, you won't feel the sting of higher interest rates. But
subprime lenders are levying a host of fees, both one-time and annual,
just for the privilege of carrying their cards.
"Usually they tack on application fees, processing fees and who knows
what," says Arnold. "It's not uncommon to get hit with $100 to $300 that
first year and $100 to $200 a year ongoing. And this is the industry
standard."
But you can win your way back with smart spending habits. "If you keep
your nose clean and make your payments, within 24 months you can
probably qualify for a halfway decent unsecured card," says Arnold.
Granted it won't be the 5% APR you see on TV ads, but you might get one
for 10%, he says.
If you've been through bankruptcy, you want to keep an eye on your
credit-rating score. Appearing on your credit reports, your score
predicts the likelihood you will be delinquent on a bill in the next two
years, says Ulzheimer.
Yes, bankruptcy will zing your score. "But most people who file have
delinquencies and issues already on their credit report," he says. "As
such, the score has already taken a severe hit."
Side effects
Because everybody and his brother is looking at your credit reports
these days, bankruptcy may touch parts of your life you hadn't even
considered. It could send your insurance rates up. "Credit is one of the
factors that many insurance companies use in pricing their policies,"
says Jeanne Salvatore, vice president of consumer affairs for the
Insurance Information Institute.
If you're facing a Chapter 13 and you have kids in private school, the
courts may make you put them in public schools, says Whelan.
"The judge has to set (the filers') standard of living," he says. And a
lot will depend on the judge and what he or she sees as necessary living
expenses. However, there is some latitude. For instance, if a child has
learning disabilities and needs a special private school, that would be
a different matter, Whelan says.
While it's illegal for employers to discriminate against someone who has
declared bankruptcy, many employers do look at credit reports before
hiring or promoting. "If you have two people who are equally qualified,
it's hard for it not to enter the picture," says Hira.
One thing you can do: If there was a compelling reason for your
bankruptcy, such as a divorce, business failure or sick child, list that
on your credit report. Your notation has to be 100 words or less. It
won't affect your credit score, but in cases where there is a judgment
call like employment or insurance, it could help you.
There is also human nature to consider. Bankruptcy records are public
information. And with this the age of computerization, "It's very
difficult to keep it private," says Whelan. In addition, if you are
having your Chapter 13 payments taken out via payroll deduction -- a
favorite of the courts, says Whelan -- then at least one person in your
workplace will know about your financial situation. (Another option is
to have your check directly deposited and an immediate bank withdrawal
made the same day. That avoids getting your office involved, says Hira.)
Your financial future
Any bankruptcy is difficult. And most people who file have been fighting
financial problems for at least two to three years. "And there's a
psychological unhappiness about doing it," says Seattle bankruptcy
attorney Ken Weil. "It's an admission of failure. Nobody is ever happy
to come see me."
In addition, those who file Chapter 13 are looking at several years on a
strict money diet.
"What I tell clients before they file: 'You'll feel wonderful when you
file,'" says Weil. "'You're dealing with a problem that's been beating
you up for so long. This lasts up to six months. Somewhere on the back
end -- 30 months out -- you can see the light at the end of the tunnel.
And at the end you feel fantastic. But what I find is that somewhere in
the middle there is going to just be a horrible point. (You feel) I
can't do this anymore.'"
The best news: Time heals. Sure, it takes a decade for the bankruptcy to
fall off your credit report. But, if you aggressively practice good
credit, the farther out you get, the less it will matter. That means
lower rates, lower fees and better deals on car and home loans.
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