thread: Tell me why declaring bankruptcy is bad

Hybrid View

Previous Post Previous Post   Next Post Next Post
  1. #1
    BellyBelly Life Subscriber

    May 2005
    in the national capital
    1,682

    Tell me why declaring bankruptcy is bad

    So, I know that it is bad but I need some more amunition.

    A friend of mine recently got a bill for renovations that they had done on a house that they have subsequently sold. Apparently they sort of "forgot" about the bill - but anyway.

    She doesn't have the money to pay it. She doesn't have any assets in her name so her DH is saying "why don't you just declare bankruptcy then it will go away".

    My take on it is that banruptcy is bad. It should not be used as a way of getting out of a debt which they did gain benefit from - the house sold for heaps more than they paid for it - even after taking the amount the builder now wants into account.

    But I need to know the real ramifications of declaring bankrupty. I know that you can't be a director of a company and your credit rating might as well be zero but what are the other things.

    TIA

  2. #2
    Registered User

    Aug 2006
    On the other side of this screen!!!
    11,129

    You can't borrow money for eons afterwards - just think about what you were doing five years ago, and how your life has changed in that time, and then imagine how your life my change in the next five years and all the reasons you might want to borrow money...cars, houses, businesses, personal loans, store cards, interest-free purchases of furniture or hot-water systems, etc etc.

    I don't understand why they don't just go to their bank and ask for a loan/redraw against their current mortgage, or even a low-interest credit card???

    It's so totally ethically wrong to try to just skip out of paying for something they agreed to, even if the builder doesn't get at them, karma will. My guess, if this is the tack her DH takes regularly, it will be sooner rather than later.

  3. #3
    Registered User
    Follow Pandora On Twitter

    Jan 2005
    cowtown
    8,276

    There is a govt website with a lot of information on this topic I will see if I can find it for you.

    ETA: Here it is, on consumer affiars website

  4. #4
    Registered User

    May 2008
    live in a crazy house
    39

    if they declare bankruprty it takes 5 years after the date to even try to get a loan from anyone , or any other credit like mobile phones , store credits cards . she will be stuffed .when they do the person has have pretty good assets to back them up to get another loan , tell them to work out the company that they owe money , payment arrangements etc. you said she has no assets , computer , tvs , fridges ,washings machines, cars furniture they are assets . the company can reprosses items like that , she cant say my husband owns because then they have to show receipts in his name . her best advice talk to company thats she owes money . i know now companys that r owed money are using commercial agents to chase people to get there money back. the above items i mention are assets .
    Last edited by mr dad of many; February 19th, 2009 at 12:13 PM.

  5. #5
    Registered User

    Aug 2006
    On the other side of this screen!!!
    11,129

    Muppity, have you spoken further with your friend about this? How did she take it?

  6. #6
    Registered User

    Nov 2006
    Somewhere Over The Rainbow
    3,094

    bankruptcy lasts for 3 years - but stays on your credit record for 7. your name will also be viewable for life on the public register.

    for the first 3 years you cannot travel overseas without permission.

    you cannot apply for credit for over appx $2500 = and you must make the debtor aware of your status.

    they do not take your basic living essentials (contrary to popular belief!)

    you cannot own a vehicle worth more than $5k

    she may find it difficult to have utilities connected in her name.

    thats about it