Ascertaining If a Bankruptcy is Right
When people get into financial trouble, knowing where to turn is important. There are a number of ways to address issues, bankruptcy is just one of them. Visiting a lawyer, many do free consultations, is one important step in the process. Getting the right advice prior to making a decision helps.
Since there is different types of filings, and what debts you have along with assets, it takes a professional to best determine what path is best to take. You may have no choice but to file. Other people may be able to fix their troubles without going to court. Realize that your credit can take a further hit by filing.
Be aware of the time frames these will stay reported on your credit score. A Chapter 13 will remain on it for seven years, while a Chapter 7 will be for ten years. Chapter 13 will re-organize your debts into a payment plan. The Chapter 7 filing is full discharge of allowable debts.
Some people will not be eligible for these filings. You can get basic information from different websites on the differences in bankruptcies. By doing some groundwork, you might be in a better position to go into debt management and setting up repayments. You want to be able to fix the problems of what go your debt out of control. Filing will not stop you from making future mistakes if you do not get a handle on what got you there.
If someone is getting a flood of calls from collection agencies, harassed at work, current garnishments or threat of lawsuits, they can get protection right away by filing for a Chapter 7. Once this is filed, it will not allow collections to continue.
A Means Test will be performed with a Chapter 7 to verify debts against your current income. For those that qualify, it will allow you to proceed. The court needs a full list of all debts and any assets. A court trustee will get assigned to your case to verify all information. Any creditor will be able to appear and protest. Once this process is complete and you are approved, a letter of discharge will be mailed to you. Discharged debts can not be collected on.
For Chapter 13, it is basically the same process as a Chapter 7 except there will be a payment plan put in place. The court decides the amount of the payment and the time frame to pay this.
Many other types of bankruptcies exist for bankruptcies and other cases. Your attorney would know the best path to take for your circumstances. Some businesses reorganize after a solvency.
There are times someone does not have a choice and will need to go through this process. They want to avoid the looking down on that comes with filing. Even though it is a hard decision to make, many people have no other course of action. Your credit score would already be damaged heavily if you are currently late, have charge offs, repossessed vehicles or garnishments on record. Yes this procedure will put a further ding into it, but with proper guidance, you can recover.
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Category: Finances
Keywords: finance, bankruptcy, investment, business, money, costs, family, guide, advice, credit, debt