Thursday 8 March 2018

Tips On Filing For Personal Bankruptcy

By Sharon Howard


When you have too much debt that you are not able to service accordingly, you should not hesitate to seek legal protections. This is because creditors and debt collectors will harass you until they get all their money back. By filing for personal bankruptcy, you will be able to get legal protections. For instance, creditors and their agents, will be stopped from getting in touch with you or trying to recover their debts in any way.

When you have a hard time servicing your debts, you should not think about becoming bankrupt as an option of first resort. You should at least try to consolidate your debts and refinance. If this fails, you can approach a qualified lawyer for advice and guidance. That said, you should only become bankrupt if you do not have any other viable option for getting rid of your debts.

It is crucial you take your time to search the internet for the best lawyer to advise you during the case. This is because there are serious consequences that come with becoming bankrupt. Therefore, you should look for the most reputable lawyer who charges the most competitive rates for their services. Be sure to compare quotes for legal services before making a decision.

It is important to note that a chapter 13 only covers personal debts, so it cannot be used for business or corporate debt. The applicant must be an individual consumer with a significant amount of personal debt. They must also have a reliable income that is high enough to service their debt, though under improved terms.

Anyone who has a lot of debt, some assets and lacks a reliable income can be declared bankrupt under chapter 7, which entails liquidation of non-exempt property to recover funds to settle their debts. This option is not always recommended because you will lose your property. It is also much more public than other chapters, so chapter 13 should always be given priority consideration.

To get debt forgiveness through chapter 13, the debtor will be required to make regular monthly payments to the trustee over a period of a couple of years. These payments are usually convenient and affordable, which means that it is not easy to default unless you are financially irresponsible. After meeting all the requirements of the repayment plan, the court will have all the unpaid debt written off.

When you use this chapter to resolve your debts, you get to keep all your assets. You will only be required to pay a fixed amount of money every month to the trustee for a few years to have your unpaid debts forgiven. The payments are usually small and convenient, so you do not need to worry about defaulting.

Before deciding to use this option, you should know that not all debts will be written off. Some debts must be serviced no matter what. For instance, if you have child support payments that you normally make, you will be required to continue making these payments as only a family court can amend the terms. If you have student loans, on the other hand, you will be expected to service the loan accordingly.




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