You are asking the question of our time. Bankruptcy is built to discharge general unsecured debt, so if the debt you cannot pay is primarily credit cards, medical bills and other general unsecured debt, then bankruptcy works wonders for you. Oftentimes, alleviating those monthly debts frees up monthly money and allows you to pay the mortgage or car payment or other REASONABLE AND NECESSARY secured debt. Another example, if you lost your job and recently got another job, but while you were not working, the mortgage fell behind - then bankruptcy (chapter 13) allows you to catch up the mortgage while paying only a portion of general unsecured debt. Bankruptcy helps debtors in most situations, but there are situations in which it can only provide minimal help - and maybe not enough to keep a home. But bankruptcy depends largely on your particular situation, and the many nuances of the code often provide help where none is apparent at first glance. For this reason, you need to speak with a bankruptcy attorney. Not to do so, is to commit malpractice against yourself. At minimum, take advantage of a free consultation where offered.
Answered on Sep 30th, 2012 at 11:01 PM