Bankruptcy Primer


Unfortunately nowadays, people tend to consider bankruptcy as an easy and effective way to solve their debt problems. It may appear to be the easiest way to solve debt and financial problems but this can be deceiving. Bankruptcy should not be considered an outlet; it must be regarded as serious and as the last possible solution for dealing with debt problems.

So, before you venture into bankruptcy it is safer to find out what your options are, and fully comprehend what lies behind the process of bankruptcy. You may find that good financial counselling is a must, if you want to come to terms with all the legal procedures; this is why a bankruptcy attorney should be sought.

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When you file for bankruptcy you may be able to clear most of your debts, helping you turn over a new leaf. It is important you verify if your debts can be cleared, for some debts cannot. So, before proceeding check each debt scrupulously to confirm whether or not your debts can be cleared through bankruptcy.

Even though you file for bankruptcy you have to make an effort to pay off all the debts you can. Any cash or assets you may have will be seized and used to pay off your debts, although some of these assets cannot be used to refund your creditors. Once you have filed for bankruptcy your creditors can no longer ask for reimbursements.

All bankruptcy types are filed in a U.S. bankruptcy court, and although there are six different types, only a few refer to private individuals, the most common being Chapters 7 and 13 bankruptcies.

If you opt for bankruptcy under Chapter 13 you can pay back your debts with a repayment plan, without having the court seize your assets or property. However not all assets are exempt from this seizure, you will have to check this list depending on your state.

Since 2005 bankruptcy laws have changed, in order to prevent people from filing for bankruptcy indiscriminately and abusing of this law, simply to get our of their debts easily. The states wants to stimulate people to look elsewhere for debt relief, and requests that financial counselling be obligatory before filing for bankruptcy.

It is important that people understand there are other methods for debt solvency and that bankruptcy is not just an easy exit from debt pay off. You will not be ridding yourself of your creditors that easily, it is up to the bankruptcy court to take all possible measures to ensure the debt are paid back. You will have to sell out your assets and property in order to ensure payment.

This is why it is important to seek the advice of a bankruptcy attorney before taking steps you may later regret.


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