Everything You Need To Know About Bankruptcy
If you are reading this article, or are contemplating filing for bankruptcy, then you will be no doubt be trying to find out every piece of information possible so that you can make an educated and informed decision. Filing for bankruptcy will most likely be one of the most serious decisions you ever have to make, and one that will come with drastic consequences, at least for your short to medium term credit score.
However, although your credit score is something you need to contemplate, there are numerous other factors that you should take into consideration which may outrank the devastating effect on your credit score. We have covered the different types of bankruptcy on other pages on our website, but if you are looking for a brief explanation about bankruptcy, and the options available to you, then this page will be the perfect place to start.
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What Is Bankruptcy and Why Should I Consider It?
Bankruptcy is a legal option, which is governed by federal law, designed to provide people in financial difficulty with relief from their debt obligations. Although there are several different types of bankruptcy types, you will not qualify for every option, because each bankruptcy case will have its own eligibility requirements and procedures which you must follow. If you are even beginning to contemplate filing for bankruptcy, it would be a wise decision to contact the staff at Bankruptcy.Help for some help and guidance as to all of your legal options.
Chapter 7 - Although many people may not know the legal terms of bankruptcy, Chapter 7 is the one most people would associate with going bankrupt. Whenever you file for Chapter 7 bankruptcy, the process involves the liquidation of any non-exempt property, in an attempt to pay back any creditors with the proceeds. This could include your home, so it can have severe implications for both you and your family.
Chapter 11 – This bankruptcy option is a way for both individuals and business owners to press pause on their financial problems and then reorganize things to make them more manageable. Predominantly a Chapter 11 Bankruptcy is used by businesses or corporations, but individuals are also eligible to file for a Chapter 11 bankruptcy.
Chapter 13 – The second most frequently used bankruptcy type provides an opportunity for people who want to try and avoid having to sell their property wherever possible. It is only available to individuals and provided that they meet a set of eligibility criteria it is designed to help the debtor keep their property and repay their debts over a specified length of time using a court-approved repayment plan.
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How Long Will A Bankruptcy Report Affect My Credit Score?
Filing for bankruptcy has serious legal implications, and all bankruptcies are reported on your credit report as a matter of public record. Depending on the type of bankruptcy you go through, it will remain on your file for anywhere between seven and ten years.
Is It Possible To Recover Your Credit Score Following a Bankruptcy?
Although it will be a long and slow process, there are thousands of people who have successfully recovered from bankruptcy. The entire basis of bankruptcy is to allow people in financial difficulty to press the reset button and move forward with their life. However, it will take time and may not always be easy. Pay close attention to your credit report and ensure that everything is reported correctly. If you are subject to a Chapter 11 or Chapter 13 Bankruptcy, make sure you make every payment on time without fail. Keep your focus on the goal, and you can and will get there eventually.
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It is impossible to make any decisions in life without knowing the facts, which is why Bankruptcy.Help has developed our simple and straightforward rate checker. You can find out easily if you are a candidate for bankruptcy, and perhaps just as important if we are the company for you. Answer a couple of very simple questions, and our experts will asses your situation efficiently! You will have the information and assurance you need to make that all important decision.
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Once you have seen our rates and decided to utilize the services of Bankruptcy.Help, the next thing to decide is which type of Bankruptcy best suits your requirements. We lay out the different types of bankruptcy options, such as Chapter, 7, 11, and 13, and we are also available to discuss your options either on the phone or in person. Once you are ready to move forward, you can accept the terms and conditions online; we don’t expect or need you to visit our premises.
Free The Shackles And Move Forward With The Rest Of Your Life
Whether you decide to use our services, or consult with a bankruptcy lawyer, spending a couple of minutes on our website could literally transform your life. With nothing to lose and everything to gain, invest five minutes of your time in finding out whether you meet the requirements to file for bankruptcy, and then decide if it is the right decision for you. Today could quite literally be the first day of the rest of your life.
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Frequently Asked Questions
There usually are court costs associated with filing for bankruptcy, and the costs will vary depending on the type of bankruptcy, and your current financial situation. At the time of writing, the cost of filing for a Chapter 7 Bankruptcy is $306 and for a Chapter 13 Bankruptcy $281. Some courts may also charge an additional administration fee. The good news is that in most cases, it is possible to pay the filing fee in installments. Some courts may also waive the filing fee for a Chapter 7 Bankruptcy if you can demonstrate that your income is below a certain level, and the court decides not to allow you to pay the filing fee in installments. Whether you use a company like Bankruptcy.Help or an attorney, there will be additional fees payable, and it is standard practice to pay upfront for those services, particularly in the case of a Chapter 7 Bankruptcy.
It is a common misconception, that once someone is declared bankrupt that all of their debts are discharged, but this is not the case. The first thing to be aware of is that bankruptcy will not cover any debts which were incurred after you filed for bankruptcy, and which were not mentioned during the filing process. There are other debts that are not covered by bankruptcy. These include but are not limited to
• Student Loans
• Any Fines That Are Owed To A Government Unit Such As A City or State
• Any Outstanding Debts For Income or Property Taxes
• Child Support or Alimony Debts
• Any Fines You Have Received As Part of a Criminal Prosecution
Debts that you have obtained fraudulently may not be discharged. For example, if before filing for bankruptcy, and knowing that this was your intention, you decide to go on a spending spree with your credit card, spending money on a vacation, then this may be considered fraud if it can be proven that you had no intention to pay the debt.
In total, there are four different types of bankruptcy available to individuals, and each has specific conditions that must be met.
Chapter 7 - Perhaps the most well known and severe type of bankruptcy. This typically takes between two and three months and involves the sale of your residential property to pay off your debts.
Chapter 11 - A highly complicated process, predominantly targeted towards business debtors, but in some instances, it may be suitable for individuals with substantial debts and assets.
Chapter 12 - A type of bankruptcy very similar to Chapter 13, but exclusively available to family farmers and fishermen.
Chapter 13 - A court-supervised repayment plan which is designed to repay an agreed percentage of your total debt, over a period between 3 and 5 years.
Chapter 7 and Chapter 13 are the most frequently used options; Chapter 13 is preferable in most situations, as it enables the person filing for bankruptcy to retain their property, versus Chapter 7 where they must sell it to clear their debts.
The fact that you have filed for bankruptcy will be registered on your credit report. If you filed for a Chapter 7, then it will remain on the file for ten years, and for seven years if you filed for section 13. However, although obtaining credit will initially be more challenging, it will not prevent you from ever obtaining credit again in the future.
There are probably hundreds if not thousands of reasons why any honest hard-working individual could find themselves in financial difficulty. The bankruptcy laws were designed to provide people with a second chance, and a fresh start. On the other side of the equation, the laws were also intended to ensure that all creditors are treated equally. Once the bankruptcy process is complete, your creditors are prevented from trying to collect any outstanding debts, and as a consequence, you are then able to move forward with your life.
When a debt is said to be discharged, the debtor is no longer legally obligated to repay the debt, and the creditor is prohibited from trying to enforce payment. It is essential to understand that if someone else co-signed on an agreement, they would remain liable for the debt. Finally, if the debt was a secured loan, where you agreed to use property as collateral for the loan, then your creditor may still be entitled to repossess the property, should you not repay the loan. In situations like this, you are advised to speak to our friendly customer service team who will be able to provide you with the correct advice or provide you with the details of a bankruptcy lawyer.