• Discounts and special offers
  • Subscriber-only articles and interviews
  • Breaking news and trending topics

Already a subscriber?

By signing up, you accept Moneywise's Terms of Use, Subscription Agreement, and Privacy Policy.

Not interested ?

Debt
If you owe a substantial amount of debt, bankruptcy can sometimes be the right answer — but be sure you understand all of your options first. Pressmaster/Envato

I’m 45, recently divorced, lost everything and I’m $160K deep in debt. Would I be better off declaring bankruptcy than trying to dig out of this hole?

When you are in debt, digging out of the financial hole can feel next to impossible — especially if you are being charged a high interest rate. If your debt hits $160,000, you're undoubtedly in a rock-bottom situation as paying back that much could take a lifetime.

But do not despair. The good news is, there are options on the table and one of them is bankruptcy. Before you jump into filing court papers, though, it's worth doing due diligence on how bankruptcy works and learning about other potential solutions.

Advertisement

Here's what you need to know about filing for bankruptcy — as well as some alternatives to think about before you move forward.

Bankruptcy can be a solution but know how it works first

Bankruptcy can sometimes be the solution to your debt problems, especially when you have one that’s more than six figures. However, depending on your situation, you may not just be able to make all of your debt disappear.

If you file for Chapter 7 bankruptcy, or liquidation bankruptcy, you can eliminate most unsecured debts. However, you can't erase unpaid alimony or child support. You'll have eligible debt erased in between three to four months after your case closes. However, most of your property will be sold to satisfy your creditors before that happens.

You also have the option to file for Chapter 13. If you can prove that you can make payments towards your debt, then you'll enter into a repayment plan that lasts three to five years. Any remaining balance at the end of that period will be eliminated.

You get to keep your property with a Chapter 13 claim but you must be up-to-date on secured loans — like car loans — to avoid losing assets that act as collateral. You must fulfill all obligations under Chapter 13, or the case will be dismissed or converted into a Chapter 7 bankruptcy file.

Chapter 7 stays on your credit history for 10 years, while Chapter 13 remains on your record for seven. Both can damage your credit rating and make it difficult to apply for loans. However, you can rebuild your credit over time by using secured cards. This may be a better outcome than struggling to pay back $160K for an indiscernible amount of time.

Must Read

Join 250,000+ readers and get Moneywise’s best stories and exclusive interviews first — clear insights curated and delivered weekly. Subscribe now.

Explore alternatives before filing for bankruptcy

While bankruptcy provides an out, you do need to ensure that you’ve exhausted all other options first because it is a radical decision.

Depending on the kind of debt you have, you can try to negotiate with your creditors to reduce what you owe or enter into a voluntary payment plan. Refinancing expensive loans like credit card debts using a loan with a lower interest rate could also sometimes be helpful.

The bottom line is that unless you make a lot of money, those solutions may not work. You could find yourself struggling for years and compromising a secure future as you pay hundreds or even thousands monthly.

It’s still worthwhile to re-evaluate your monthly payment plans and look at how long it would take to pay off such a large debt. Ultimately, only you can decide which approach will work. Know that bankruptcy is on the table and isn't always the end of the world since it was created for situations like yours where life knocked you down and you need a little help getting back up again.

You May Also Like

Share this:
Christy Bieber Freelance Writer

Christy Bieber has 15 years of experience as a personal finance and legal writer. She has written for many publications including Forbes, Kilplinger, CNN, WSJ, Credit Karma, Insurify and more.

more from Christy Bieber

Explore the latest

Disclaimer

The content provided on Moneywise is information to help users become financially literate. It is neither investment, tax nor legal advice, is not intended to be relied upon as a forecast, research or investment advice, and is not a recommendation, offer or solicitation to buy or sell any securities, enter into any loan, mortgage or insurance agreements or to adopt any investment strategy. Tax, investment and all other decisions should be made, as appropriate, only with guidance from a qualified professional. We make no representation or warranty of any kind, either express or implied, with respect to the data provided, the timeliness thereof, the results to be obtained by the use thereof or any other matter. Advertisers are not responsible for the content of this site, including any editorials or reviews that may appear on this site. For complete and current information on any advertiser product, please visit their website.

†Terms and Conditions apply.