There are many situations in life when you fall back in meeting some important payments and when this happens with regard to your mortgage payments, you take a huge risk of losing your home and any equity that you have built up. A foreclosure is the last thing that you want to happen, so perhaps filing for bankruptcy could help save you from such a horrendous situation.
All those who have a steady flow or source of income like those having small businesses or a salaried income can file for Chapter 13 bankruptcy. Most repayment plans allow you to pay off a portion of your total debts within a period of five years. However, there are some limitations for filing under Chapter 13. There is a maximum limitation of personal loans set at 300,000 dollars and total loans set at 922,000 dollars.
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It is always essential to first determine whether bankruptcy would be the best solution for your particular case. Once you decide to file for bankruptcy, make sure whether Chapter 7 or Chapter 13 would be the right bankruptcy option. You can start by consulting with a bankruptcy lawyer to help you get a better position in the court later on. Then you need to file a petition with the bankruptcy court in your home district.
Such forms, can be obtained by visiting the stationery shops rather than having to go to the court. Along with that, you will need to file these supporting documents, such as a schedule of liabilities and assets, a schedule of current income and expenditures. You'll need to list your exempt assets and unexpired leases. Pay all the necessary fees such as the court filing fee and administrative fees, which will stay all further actions on the part of your creditors until the case is settled in the court of law.
Along with the petition, or within 15 days, you need to file a plan of repayment of your debts. The bankruptcy judge will comment on your plan for repayment when you attend the confirmation hearing. This decision is then conveyed to the creditors and they can put in their objections, if any, to such repayment plan. After getting court sanction for the proposal, the final step is obviously to start paying according to the agreement.
Most people find that filing all the necessary paper work and clearly presenting their case to the court is beyond their capabilities, so they use the services of an experienced bankruptcy lawyer. A bankruptcy attorney will take your side and represent your situation in the best possible light to give you a result you can live with.
Given any situation, filing for a Chapter 13 bankruptcy is always better than going in for a credit consolidation service or program which not only charge you high monthly fees but also make you continue pay interests on your debts. It is always better to seek the best solution with the help of your attorney.
Is Bankruptcy Right For You? Talk to Bankruptcy Attorneys Free and Confidential. Licensed bankruptcy attorneys are available. Attorneys will call you to discuss your case for free. Find out if bankruptcy is right for your situation.
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