Bankruptcy Information To Help You Decide
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Bankruptcy Information To Help You Decide
Does bankruptcy loom in your future? Have your financial obligations become overwhelming? Many people find themselves in this unfortunate situation through no fault of their own. Tough economic times, company closings and job losses may lead to this decision. Before you actually decide, get as much bankruptcy information as you can so that you are as well informed as you can be about bankruptcy laws.
Your total financial picture and the ability to pay your debts will be the deciding factor in whether your bankruptcy petition will be accepted or refused. You may be able to file a Chapter 7 and have all your “unsecured” debts discharged, or Chapter 13 may be the way you have to go if you still have a good job and are able to repay most of the debt over time. The lawyer will determine this for you through what is called a “means” test.
Chapter 7 bankruptcy requires each petitioning individual pass a “means” test to determine if the debt exceeds the income. Once this test has proven satisfactory bankruptcy proceedings will begin. There are certain debts that are not allowed to be discharged, however. Taxes are one thing that you will be required to pay, as well as student loans, and back child support. This is why it is important to have a competent bankruptcy attorney working on your behalf.
Together, your bankruptcy attorney and you will work through the paperwork involved to get your petition to the bankruptcy court a quickly as possible. This may require a few visits to the law office before things are finalized, however. There will be seemingly endless papers to be signed before you are ready to appear in bankruptcy court, but once there the process is fairly straightforward.
Your attorney will advise you of the “chapter” your bankruptcy falls under. This is either chapter 7 or chapter 13. Chapter 7 generally discharges all unsecured debt, while Chapter 13 allows you to repay these debts over a set period of time. Your total financial picture will determine which chapter is right for you.
Bankruptcy can happen to anyone and it is impossible to predict what will lead to this circumstance. Even the most stable of can be lost seemingly overnight. While bankruptcy may seem like the end of the world, it has been created for circumstances that you have no control over and can offer a fresh start. Even if you have only been thinking about it, get as much bankruptcy information as you possibly can before making a choice.
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