In today's financial state numerous individuals are struggling with finances and how to overcome so many bills and reduced employment. There are several potential options to debt problems. There is out of court settlements with the creditors by making some kind of arrangement to pay off the debts, or debt counseling where a business can assist with arranging lower interest rates for your debt, or there is a debt consolidation loan, where funds are borrowed against the equity in a home, or the final option which is filing bankruptcy. |
Reasons for Filing Bankruptcy
Many individuals file bankruptcy as a last option due to medical expenses, credit card debt, loss of employment, divorce, or the fact that they were not eligible for any of the above plans. There are two major types of personal bankruptcy that may be filed; they are Chapter 7 which requires a liquidation of assets to pay off debts, or a Chapter 13 which involves a three to five year repayment plan to the creditors.
Really, the process of filing bankruptcy should indeed be your option of last resort, if for no other grounds than the long term and strong impact doing so will have on your credit for the next seven to ten years. Generally, there are better choices you should view, no matter how hopeless your specific financial situation seems to be.
Process of Filing Bankruptcy
Filing for bankruptcy involves first conferring with a bankruptcy attorney. The following steps include acquiring a copy of the debtor's credit report, gathering tax returns for the last few years, gathering deeds, titles and loan documents, etc. The attorney, after assessing all of these papers, will discuss the choices and the next steps. Next a petition will be filed with the courts and a documentation of assets and liabilities will be presented with a list of creditors attached to the courts. If a Chapter 7 is decided, the charge to file this is around $200; for a Chapter 13 the charge is around $185.
Once all of the paper work is processed, the courts will put a stay into effect which will prohibit creditors from contacting you, and it will likewise stop the creditors from acquiring the debtors property. About a month after all of this is done a meeting will be called in the form of a court date and the attorneys for both sides and the debtor will be present, an agreement is made at this point in time. Once everything is finalized and agreed upon the courts may discharge the bankruptcy. A bankruptcy will remain on ones credit report for as long as 10 years.
Do not attempt to do this on your own. The operation of bankruptcy is very complicated and the laws deviate from state to state. Individuals who have filed in the past have said that if they had to do it over again, they would unquestionably use a lawyer, since doing so saved them a good deal more than the legal charges after all was said and done.
Opting to file bankruptcy should be an endeavor that is looked into very carefully and it should only be done after every other viable alternative has been evaluated. Filing for bankruptcy can make it challenging to get a car, furniture, appliances etc. Any kind of large purchase can be affected by a bankruptcy. You cannot determine which way you should go if you do not know exactly where you are at financially, and most people really do not know this or even how to evaluate it. Save yourself both time and money. For more information and additional insights about if you should File Bankruptcy as well as getting a free bankruptcy evaluation from a qualified bankruptcy lawyer in your local area, please visit our web site at http://www.bankruptcy-data.com
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