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Becoming Familiar With Bankruptcy And Your Options Available

By: Chris Powers

What Is Chapter 7 Bankruptcy?

Chapter 7 bankruptcy, sometimes referred to as a straight bankruptcy, is a liquidation proceeding. The person turns over all non-exempt assets to the bankruptcy trustee who then turns it to dollars for payment to the collectors. The debtor receives a release of all dischargeable financial obligations typically within 4 months. In the vast majority of cases the borrower has no property that he / she would lose so Chapter 7 will offer that him / her a relatively quick "fresh start".

One of the main functions of Bankruptcy Law is to provide somebody, who is hopelessly burdened with debt, a fresh start by wiping out their debts.

People who file for chapter 7 bankruptcy will need to agree to attend credit counseling. After filing chapter 7 bankruptcy, it can be tough to obtain credit for a few years, and it is not possible to file for bankruptcy again for a set amount of time.

It has become more challenging to file for chapter 7 bankruptcy in the U.S., thanks to laws which drastically tightened the bankruptcy policies in the early 2000s. It is recommended to consult a legal professional and an accountant ahead of investing in a personal bankruptcy filing, because despite the fact that the professional charges for the assessment may be high, there might be an alternative that has not been thought about. A professional consultation can also smooth the way to move forward with bankruptcy filings, if a consumer decides to continue with bankruptcy proceedings.

What Is Chapter 13 Bankruptcy?

Chapter 13 Bankruptcy is also identified as a reorganization bankruptcy. Chapter 13 bankruptcy is filed by individuals who would like to repay their financial obligations over a time period of three to five years. This type of bankruptcy is attractive to individuals who have non-exempt assets that they want to keep. It is usually only an alternative for people who have predictable earnings and whose income is adequate to pay their reasonable expenditures with some amount left over to pay down their debts.

Author Resource: Hiring an experienced bankruptcy lawyer is an important decision that should not be taken lightly. Make sure to setup a consultation with the bankruptcy legal professional so that you can better understand your available options.