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Declaring Personal Bankruptcy
Author: Alan Jason Smith

If you’re drowning in debt and creditors have your phone ringing off the hook, personal bankruptcy might seem the only way out. Indeed, for people whose debts dwarf their ability to pay, declaring bankruptcy can be a fast way to gain a fresh financial start.

There are two types of bankruptcy petitions you can file: Chapter 7 and Chapter 13. Each of these have a different purpose and different set of circumstances attached.

Chapter 7 bankruptcy involves the seizing and liquidation of your assets. This includes real estate, stocks, bonds and valuable property. Once liquidated, the proceeds are used to pay off the various creditors you owe. Property exempt from Chapter 7 bankruptcy includes vehicles worth less than $1500, most household furnishings and goods and clothing. You are also entitled to retain $18,450 worth of equity in your home.

The goal here is to leave you with enough to make a fresh start after bankruptcy is declared so you don’t end up completely destitute. At this point, you are discharged of all remaining debts. Once bankruptcy is filed, your creditors must cease from any lawsuits, wage garnishing, letters or telephone calls compelling you to pay.

There are some debts that cannot be discharged by filing for bankruptcy. These include current or back-owed child support and alimony payments, most student loans, recent tax bills or debts to creditors toward whom you’ve exhibited dishonesty in the past.

Within a relatively short time period after filing for Chapter 7 bankruptcy, your debts will be discharged and you will have a clean financial slate. However, filing for Chapter 7 does not always guarantee freedom from your debts. If a judge deems you fit to pay, you may be denied Chapter 7 bankruptcy and forced to file for Chapter 13.

Chapter 13 bankruptcy’s goal is not to discharge you of your debts but to reorganize them and develop a court-ordered repayment schedule. A person who files for Chapter 13 bankruptcy typically has three to five years to pay off all debts to creditors. Chapter 13 bankruptcy is preferable for people who want to retain ownership of their property and assets, and/or have a reliable and prolonged source of income.

Regardless of which type of bankruptcy you file, you must consider your co-debtors carefully before making the decision to file for bankruptcy. If there are people who have co-signed for loans but who are not declaring bankruptcy jointly with you, if your debts are discharged, your creditors will go after your co-debtors to collect your portion of the debt.

You may be afraid that declaring bankruptcy will permanently ruin your credit rating, but this is not true. If you are already in a position to considering bankruptcy, chances are that you credit rating is already so poor that declaring bankruptcy could not make it any worse. A fresh financial start and the opportunity to rebuild credit from the ground up may even improve your credit rating in the long term.

Whatever decision you make regarding personal bankruptcy, it is never a bad idea to consult with a lawyer, financial advisor or credit counselor before proceeding. These professionals can advise you on the most prudent course of action to protect the integrity of your financial future.


About the Author: Alan Jason Smith is the owner of http://www.blackbankruptcy.com which is a great place to find bankruptcy links, resources and articles. For more information go to: http://www.blackbankruptcy.com

Source: www.isnare.com

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If you like the article above, you may be interested in the following article which is also related to Bankruptcy...

Types of Bankruptcy
This article provides useful, detailed information about Types of Bankruptcy. In the US, a party can file for either Chapter 7 or Chapter 13 bankruptcy. In Chapter 7 or \'straight\' bankruptcy, the applicant surrenders all non-exempt property and assets to an appointed bankruptcy official. These are converted into cash and the proceeds are disbursed to the applicant\'s creditors. This process of liquidation then results in the applicant being freed of all financial obligations within a short period usually not exceeding four months. Obviously, this provision has seen a lot of abuse in the past. The new laws now state that an individual cannot re-apply for Chapter 7 bankruptcy unless he/she has been given discharge from a previous filing for it for at least eight years. In applying for Chapter 13 bankruptcy, the applicant indicates that he/she intends to repay his/her debts over a period of time. This period may vary from three to five years. Chapter...
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Derecktor still sailing despite bankruptcy (Connecticut Post)
BRIDGEPORT -- Although its Chapter 11 bankruptcy filing has grown a little more complicated, Derecktor Shipyards Connecticut has added more than 100 workers since it filed the action more than six

Chemical giant mulls bankruptcy (The Delaware Business Ledger)
Chemical giant LyondellBasell Industries, www.lyondellbasell.com , Wednesday confirmed it might consider filing for Chapter 11 bankruptcy protection. An Associated Press story reported the comment from a company official.

Outgoing Sheriff Files For Bankruptcy (13 WMAZ Macon)
JONESBORO, Ga. (AP) -- Victor Hill has ended four controversial years as Clayton County's sheriff by filing for bankruptcy, saying he is unable to pay damages of up to $1.7 million from several lawsuits.

LyondellBasell May Seek Chapter 11 Bankruptcy Protection (New York Times)
LyondellBasell Industries , a chemicals maker controlled by the investor Len Blavatnik, may file for bankruptcy as a way to restructure debt that financed its $12.7 billion merger a year ago.

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