Just How Bad is Bankruptcy

Personal bankruptcy can be your worst nightmare. As far as debt management options are concerned, filing a bankruptcy is the last resort you have to undertake. Unless there is no more option left, filing a bankruptcy must be thoughtfully considered as it has long-lasting effects all throughout your lifetime.

Bankruptcy is a declaration of the inability of an individual to pay its creditors. Creditors may likewise file a bankruptcy petition against you in their effort to recover a percentage of what they are owed to. A restructuring plan can also be initiated. This is because, in most cases, voluntary bankruptcy is initiated by the debtor. People in bankruptcy status follow rules where they don’t have to repay certain debts. This situation is where a court order called a discharge will be released to you.

Bankruptcy makes a mark in your credit report for 10 years. Information like the date of your filing and the later date of discharge will likely stay on your credit report and this can make your application for credit later difficult. Buying a home, getting a life insurance and even getting a job in the future can be a little tougher because of this information on your credit report.

There are two types of personal bankruptcy. The first type is the Chapter 13 Bankruptcy and the other is Chapter 7 Bankruptcy. A case must be filed in the federal court.

With both types of bankruptcy, one may get rid of unsecured debts. In addition, the discharge will stop foreclosures, garnishments, repossessions, and utility shut-offs. It will likewise put off debt collection activities.

With bankruptcy, one can be allowed to keep certain assets, although the exemption amounts vary by state. Personal bankruptcy, on the other hand, does not eliminate child support, alimony, and fines. It also does not exempt one from taxes and student loan obligations.

Bankruptcy can be very traumatic as it brings along a stigma in the society. For the few, however, it remains as a way to have a fresh start for people who went through financial difficulty and thus were not able to satisfy their debts.

For more information please visit: http://www.floridalawattorney.com

Comments (0) Mar 14 2009

How Much Does it Cost to Declare Bankruptcy

One of the obstacles that keep people from considering bankruptcy as one of their options is the cost. Many assume that the cost to declare bankruptcy is too high and will simply add to their current financial problems. After all, if a consumer is struggling to pay off current debts as it is, how will adding one more fee help the situation?

Well, first we should take a look at the actual cost of filing bankruptcy with the court. The court filing fee for chapter 7 bankruptcy is $274, while the fee for chapter 13 filing is $189. This may seem like a steep price to pay for someone who is already in serious financial straits, but the numbers are much more reasonable when you consider what you’re getting in return.

If you’re successful in filing chapter seven bankruptcy, then you’ll be able to wipe out most of your debts. Chapter 13 on the other hand, would provide you with a long-term repayment plan instead of simply doing away with your bills. Either way, declaring personal bankruptcy can be a lifeline for those in serious financial difficulties.

When you consider what you’re trying to achieve with bankruptcy, the fees for filing your case do not seem so great. However, as with most legal issues, the real cost usually comes with your lawyer fees. Your legal fees can certainly add up, and the recent bankruptcy law changes makes things more complex and gives your lawyers more work to do.

So how are you supposed to pay for all of this? Well, you should keep in mind that if your application is successful, you may be able to wipe out most, if not all, of your debt. This should make it much easier to take care of your legal costs.

In fact, as soon as you file your request with the court, you receive an automatic stay which means that no creditor can demand payment from you until your case is resolved. So right away you have freed up some funds which can be redirected to cover legal fees.

In any case, you want to try and find the best bankruptcy lawyers that you can afford. Choosing the cheap bankruptcy attorney who doesn’t fill you with confidence is simply not worth the risk.

For more information please visit: http://www.floridalawattorney.com/

Comments (0) Mar 14 2009