What Is Bankruptcy?
Bankruptcy is a legal proceeding in which a person who is unable to pay his debts can get a fresh start in his financial life. Filing bankruptcy, in most cases, immediately prohibits your creditors from contacting you in an effort to collect debts.
What Can Bankruptcy Do For Me?
- Stop foreclosure actions on your home and allow you to catch up on delinquent payments. (However, bankruptcy does NOT eliminate mortgages & liens on your property).
- Stop repossession of a vehicle or other property.
- Stop wage garnishment & harassing creditor phone calls.
- Stop lawsuits.
- Eliminate the obligation to pay many unsecured debts.
What Bankruptcy Cannot Do:
- Eliminate secured debts such as mortgages, vehicle loans & furniture loans if the debtor is keeping those items. (However, in certain instances, you can force creditors to take payments over time or even lower vehicle & furniture payments based on the value of the collateral.) Generally, you cannot keep the collateral unless you pay the debt.
- Discharge (eliminate) certain types of debts such as child support, alimony, student loans, criminal fines, & most taxes.
- Protect co-signers on debts, except in certain Chapter 13 cases.
What Are The Different Types Of Bankruptcy?
- Chapter 7 - "straight" bankruptcy or "liquidation." Eliminates most unsecured debt as well as the balance on any secured debt which you surrender or return to the creditor. Debts for any secured property which you wish to keep, such as your home or vehicle, must be current at the time of filing & you must continue to make those payments or make arrangements to repay them.
- Chapter 11 - "reorganization" for businesses and certain debtors whose debts are extremely large.
- Chapter 12 - bankruptcy for farmers.
- Chapter 13 - "debt consolidation/adjustment." A repayment plan, through the Bankruptcy Court, allowing you to pay your creditors, to the best of your ability, based on your income and monthly expenses. A Chapter 13 may enable you to keep your home or vehicle if you are behind in your payments.
Will I Have To Go To Court?
In most cases, you will only have to attend court once for a "meeting of creditors." This meeting is generally short and simple and generally requires a debtor to answer a few questions about your bankruptcy and financial situation.
Will Bankruptcy Wipe Out All My Debts?
Generally the answer is yes, with certain exceptions, including the following:
- Child support or alimony
- Most taxes
- Debts not listed on your bankruptcy petition
- Loans obtained through false information or fraud
- Student loans
- Mortgages and other secured debts not paid in your bankruptcy
- Most criminal fines and penalties
Will Bankruptcy Affect My Credit?
Bankruptcy can appear on your credit record for up to ten (10) years from the date you file.
Can A Lawyer Or Anyone Else Clean Up Or Repair Your Credit Report?
No, according to the Federal Trade Commission (FTC), this is a fraud which prays on consumers in financial difficulty. The FTC says it has never seen a legitimate "credit repair" company.
Any consumer, at little or no cost, can remove incorrect or inaccurate information on their credit report directly, without paying a so-called "credit repair" organization or lawyer.
According to the Federal Trade Commission (FTC), accurate, up-to-date information cannot be removed from a credit report.
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