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Taking The Plunge Into Bankruptcy
Author: S. A. Baker
Bankruptcy is one of the most difficult things a person has to do. The decision to file bankruptcy is a hard one. Is it moral to wipe your slate clean through bankruptcy? Is there any way for you to avoid bankruptcy? While everyone has their own opinion on bankruptcy, bankruptcy is often the only option some people and families have. So, what do you do when you are in the midst of being bankrupt? What are your options at this bankruptcy point?
Many people who are considering bankruptcy have already tried and failed at consolidations, loans, and other methods of paying off their debt. Bankruptcy seems like the only option. Most of those who need to file bankruptcy can’t even afford to pay off the minimum balances on their credit cards, home payments and even car payments. Whatever has gotten them to this place of being bankrupt doesn’t even matter. The fight to get out of debt is what leads them to bankruptcy court.
For those who know that bankruptcy is their only answer, they should seek out a bankruptcy attorney to help them with their bankruptcy case. Laws in each state governing bankruptcy are different. Each state has its own bankruptcy requirements. And, bankruptcy laws are often changing. It is important to find a bankruptcy attorney to help you find the way out of your bankrupt situation. While in most cases it is a simple matter of showing proof of income and debt, others bankruptcy cases involve the loss of possessions and goods as well. There is no easy way to clear bankruptcy from your life either. On your credit report, bankruptcy can stay there for up to ten years. You can not outlive your bankruptcy claims quickly. Being bankrupt and filing bankruptcy are decisions that will affect your entire life. Make decisions about bankruptcy with a bankruptcy lawyer. A good informational resource on bankruptcy is www.thesmartattorneys.com.
About the Author
S A Baker is staff attorney at http://www.thesmartattorneys.com
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A Quick Note
From The Publisher...
If you like the article above, you may be
interested in the following article which is also related to Bankruptcy...
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Bankruptcy - All About Chapter 7 Bankruptcy |
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The most common type of Bankruptcy that is filed for is Chapter 7 Bankruptcy. This is a liquidation bankruptcy rather than a reorganization bankruptcy. This means that assets will be sold to clear the debt or debts.
It starts by the person in debt listing their assets. With Chapter 7 Bankruptcy the debtor is allowed to keep what is called "exempt" property. Examples of exempt property are
a certain amount of home equity
a small amount of vehicle equity
small allowance for clothing
small allowance for other personal items.
The value of these exempt properties differs depending on what jurisdiction you file for Chapter 7 Bankruptcy in.
A trustee will be appointed who will gather the debtors assets ready for sale. The proceeds will then be distributed to creditors according to priority. Even after declaring Chapter 7 Bankruptcy there are some debts that will still be require to be paid off. These are called non-dischargeable debts and some examples are
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