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What You Should Know About Bankruptcy

Posted by Doug Russel | Bankruptcy | Tuesday 2 February 2010 2:19 pm

Bankruptcy is governed by the federal law found in Title 11 of the United States Code. Let our experience and integrity assist you in a difficult time. Bankruptcy is a financial state that occurs when a person or business can no longer repay its debts. In the legal sense, bankruptcy begins when a court recognizes that the financial state of bankruptcy exists. Bankruptcy is too drastic an option to be your first choice. If you have little income and no assets, for example, you may be “judgment-proof,” which means creditors can’t take meaningful action against you and that bankruptcy might be unnecessary.

Bankruptcy is a darn good deal for many of those who are in 30k of debt. Slap down $1500 and your debt is, more or less, wiped clean. Bankruptcy is a proceeding in a federal court in which an insolvent debtor’s assets are liquidated and the debtor is relieved of further liability. Chapter 7 deals with liquidation, while Chapter 13 deals with reorganization. Bankruptcy is the single worst thing you can do to your credit scores, the three-digit numbers lenders use to gauge your creditworthiness. That means, for a time at least, it will be more difficult and expensive for you to get credit.

Bankruptcy is not free. You will have to pay court costs and administrative fees, trustee fees, and probably will want to pay a lawyer. Bankruptcy is not a choice to be made lightly. Failing to pay your debts not only hurts you, it hurts everyone. Bankruptcy is the process where a person legally declares himself or his business unable to pay outstanding debts. Depending upon the type of bankruptcy filed, one meets with a judge to determine a payment schedule, or have a legal bankruptcy discharge most if not all debts.

Bankruptcy is not something I recommend any more than I would recommend divorce. Are there times when good people see no way out and file bankruptcy? Bankruptcy is like a wonderful magic wish. It is a legal opportunity to get a fresh start. Bankruptcy is a state in which a person is unable to pay creditors and is required to undergo a legal process that usually results in liquidation of his/her estate in order to meet expenses (at least in part). If a person is declared to be a bankrupt then he or she cannot operate a business for profit, enter a business contract or borrow money.

Debtors seeking to erase all debts will now have to wait eight years from their last bankruptcy before they can file again. The law will also allow us to clamp down on bankruptcy mills that make their money by advising abusers on how to game the system. DebtHelp can help you find a lawyer to explain local bankruptcy laws for the options listed below. Debtors engaged in business would usually not like the prospects of liquidation and Chapter 11 might be a better option for such individuals associated with corporations and partnerships. Also, individuals with regular income if in a debt situation would be better suited to file a Chapter 13 bankruptcy .

Debts have a way of snowballing. One late payment turns into three or four and with each one come late fees. Debt consolidation, also called debt counseling or credit counseling, sounds good. In theory, the consolidator negotiates lower interest rates and wraps all of your debts into one neat package. Debtors should also be given notice of the fact that information may be obtained, either online or by examining public court files, for commercial purposes by companies in the business of selling personal information. Public agencies should be required to provide a list of all the commercial information brokers to whom they sell bankruptcy records.

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1 Comment »

  1. Comment by Richard West — February 3, 2010 @ 2:10 am

    A bit more information for your readers.
    I am a board certified bankruptcy attorney in Ohio. I agree with much of what is posted but there are a few things to remember. While bankruptcy should be the last option, sometimes its the only option, so waiting makes no sense. And, if you filed a chapter 7 it is true you must wait 8 years to file another chapter 7, but, if my clients need another bankruptcy, I can file a chapter 13 in only 4 years, and pay unsecured creditors only 1%, which is, essentially, nothing, just like a chapter 7. So, if calamity strikes, there is an option. My name is Richard West, and bankruptcy is my only practice. See my website at http://www.debtfreeohio.com for more info.

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