After filing bankruptcy, you can breathe a sigh of relief. When you let creditors know you are seeking debt relief through the legal system, they have to suspend collection efforts. It doesn’t take long to realize that the USA Bankruptcy Court offers a powerful solution to those who find themselves unable to handle their debt.
Filing for bankruptcy is a process that is best handled by an attorney specializing in bankruptcies. There are many different forms and steps that must be taken, and they need to be completed according to the law. Most people really don’t have a good understanding of how to begin the process, much less know how to complete the paperwork, file court documents and contact creditors.
In addition, there are many different laws that can help you restart from a strong vantage point if you know they exist. For example, you can keep your house in many personal bankruptcies today. An attorney will go through the process with you step-by-step which begins with a lengthy questionnaire.
The questionnaire you complete has a lot of questions about current debt, payments, delinquent accounts, assets and income. The questions are designed to get answers to the same questions that will be asked by the bankruptcy court. Based on your answers, the attorney will tell you which of the chapters is best for your situation. When filing bankruptcy, you can file a chapter 7 or chapter 13 as an individual.
After filing bankruptcy, the court appoints a trustee. The job of the trustee is to review the information the attorney collected and determine if the information is accurate and complete. You will probably have to attend a brief meeting with the trustee to answer any questions about the personal information submitted to the court. Your attorney will also let all the creditors know the official filing has taken place.
When filing a bankruptcy as a chapter 7, the courts allow you to keep enough assets to begin a fresh start. You may be allowed to keep your house and the car you drive to work, for example. You are also allowed to keep a certain amount of cash. It’s possible you will have to sell some assets or use cash over the minimum allowed to pay off a portion of the debt owed.
When filing bankruptcy as a chapter 13, you are actually asking the court to force the debtors to accept a repayment plan. You are given up to five years to pay the debts you owe. The court will determine the repayment plan.
When you decide it’s time for filing bankruptcy, the first step should be to consult an attorney. The process is complex, and there are many different decisions which must be made along the way. Chances are that amendments will have to be filed also before the final discharge. It’s common for people to remember old debt that should have been listed on the first questionnaire.
ou can think of a chapter 7 bankruptcy as a fresh start with a life not overburdened with unmanageable debt. The chapter 7 was designed just for the individual debtor and is used to discharge certain eligible debts. When the court discharges the debt it means you no longer have any responsibility for the liability. Not all debts can be included in this type of bankruptcy filing, but for many people that don’t have any of the exempted debts, this bankruptcy literally allows them to start with a clean debt slate.
The chapter 7 bankruptcy should be handled by an attorney who is a specialist. Though the chapter 7 filing is one of the less complicated filings in many cases, there are still specific and complex laws governing how the process will be handled. The reason it can be less complicated is only because many people filing a chapter 7 are dealing with the normal types of debt such as mortgages, credit cards and past due taxes. Of course, this doesn’t hold true for everyone, but for many people the chapter 7 filing turns into a fairly simple process.
But even in the simple cases, the right forms must be filed and the laws followed. For example, the bankruptcy attorney must submit a petition to the court requesting the bankruptcy along with certain financial schedules detailing your income and expenses. The court is also given a copy of several years’ worth of tax returns.
When you and your bankruptcy attorney decide to file a chapter 7 bankruptcy, you have to complete a credit counseling course. In most cases, you can complete an online course now which makes it very easy to fulfill the court requirements. There are some filing fees which must be paid to the court also, but if you can’t afford the fees, the attorney can ask the courts to allow you to pay the fees in installments.
Under the chapter 7 bankruptcy laws there are certain assets which are considered exempt property. In fact, individual states are allowed to define this exempt property too, so your attorney can pick the most lenient definitions which will give you the most relief. This is why you need an experienced bankruptcy attorney.
When the bankruptcy is filed, you will find that the debt collection efforts stop quickly. In legal terms, this is called an automatic stay and it stops telephone calls, garnishments, levies, lawsuit filings and so on. This is another reason why it is critical that you list every single creditor in your life on your financial schedule. Even if you are not sure you owe the debt, it should be listed to prevent future collection efforts.
The court is going to appoint a trustee to handle your filing. The trustee will hold a creditor’s meeting which gives your debtors the opportunity to explain why they do not believe the debt owed to them should be discharged. The trustee can also ask you questions about anything you included on your financial statements.
A chapter 7 bankruptcy is a way for people unable to pay their debt to clear the slate and start fresh. It is a major decision to file bankruptcy, but this is a decision that can give you the opportunity to start a new long term financial life.
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