The Basic Bankruptcy Information You Need To Know

by Carl Hartley on 2010/03/08

Unstable economic times have forced many families to turn to bankruptcy for debt relief. Dealing with uncontrollable debt, collectors and other financial burdens can be overwhelming. As a last resort many people are looking to bankruptcy as a financial solution. If you find yourself in this situation, trying to figure out what to do next is may be crucial. This is why understanding bankruptcy information is necessary in making the right decision for yourself and family.

You have probably heard a lot about bankruptcy, you may have a general idea of what it is but are not exactly sure. Generally, when a person files for bankruptcy they go through a federal court process that will assist in eliminating debt. Debts are repaid typically by liquidation of any applicable assets, or upon entering into repayment agreement. There are different forms of bankruptcy that you can file, the most common are Chapter 7 and Chapter 13 bankruptcy.

f you are eligible for Chapter 7 you will begin a liquidation process. Depending on your state some, all, or none of your major assets will be liquidated. These assets are liquidated in order to pay back debt.

In Chapter 13 bankruptcy you do not liquidate any of your assets, but instead enter into agreement that over a period of 3-5 years you will pay back all of your debt. Of course, both of these forms of bankruptcies come with different eligibility requirements as well as strings attached. This is why it is important to learn the side effects of filing for bankruptcy before actually deciding to go for it.

Who is eligible for Chapter 7? Individuals or businesses can file for this type of bankruptcy. The entire process may take as little as 3 months or it can last 6 months. This depends on the complexity of your debts and assets. Property liquidation will typically occur at this point. This is done to repay debt. Once you have gone through this step you are no longer responsible for repayment of any of your unsecured loans, such as credit card debt.

In the case of secured debt, or collateral debt, like a car loan there are several actions that may take place. The lender may decide to repossess the vehicle. You may be able to work out a deal with the lender to keep your car. Or, you may be able to pay a lump sum of the resale value of the car. Any one of these options will be considered with the lender's approval.

If you do not quality for Chapter 7 but do qualify for Chapter 13 this means that you make enough stable income to repay your debt within 3-5 years. Keep in mind, with any bankruptcy process, there are some debts that will not be erased with bankruptcy. These financial obligations include child support, taxes or alimony.

Repaying debt is part of the Chapter 7 process. Creating a repayment plan is part of the process. If you are near foreclosure or repossession this process will help prevent both and work out an arrangement. Being aware of various bankruptcy information may seem daunting, but if you dig deeper this information may go a long way in helping you make the right choice.

To get the latest bankruptcy information online. There are many different websites giving ideas for Bankruptcy status


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