Filing bankruptcy can help a person who can no longer pay his/her debts by discarding debt or making a plan to repay debts. Even though deciding whether to declare bankruptcy is very difficult, bankruptcy may be the best relief solution and only chance for some people to get a fresh start in their life.
Here are two main forms that our clients file for: Chapter 7 and Chapter 13.
Chapter 7:In a chapter 7 bankruptcy, the trustee sells most of your assets in order to raise cash to pay your creditors. You may be allowed to keep some of your assets, such as clothing and household goods. Debts such as unpaid child support and certain taxes cannot be discharged.
Chapter 13:In a chapter 13 bankruptcy, you will need to develop a plan to repay your debts. You should have enough steady income to be able to keep up with your developed plan. These plans can usually take 3-5 years and the trustee will be the one to administer the plan, collect payments and distribute to your creditors.
Advantages
Automatic Stay - Your creditors must stop all collection efforts as soon as you file for bankruptcy. If your creditor continues to collect for your debts, they will be cited in contempt and ordered to pay a fine.
Fresh clean start - Once your Chapter 7 petition is discharged, all debts included in the petition are permanently erased.
Protection for your assets - Filing for Chapter 13 can help you protect your assets in foreclosure proceeding, specially your home.
Steps to File Bankruptcy
When filing for bankruptcy, there are a number of steps to take:
Consult with your attorney about your situation-You may consult with a bankruptcy attorney and get some legal advice before you take any action in filing your bankruptcy case. You should also consider whether you have the other alternatives. Our first consultation is totally free, so when you are confused, please contact us without hesitate.
Filing Bankruptcy Petition and other forms-The bankruptcy process can be complicated, as the bankruptcy laws that govern it provide several hurdles to get over. There is a set of forms that must be prepared properly, your attorney could also help you in this step. In this step, you need to disclose your debts, income, assets, property, and expenses properly. Making a misstep in this process can have serious outcome, including a denial of your case.
Federal Bankruptcy Court will evaluate the petitioner’s financial status-If the petitioner cannot pay off the debts in a short term, the chance to be granted of discharge will increase. After you file bankruptcy case, your creditors must stop all collection efforts, which is known as automatic stay.
Creditors’ Meeting after the bankruptcy petition has been filed-Creditors’ Meeting shall be hold within three months after the bankruptcy petition has been filed. The creditors have the right to raise adversary complaint and motion to lift automatic stay, when they doubt about the petitioner’s financial status.
Take Notice
Even though you file the bankruptcy petition, if you put up your car or your house as collateral on a loan, this makes that loan secured and the creditor may still be able to take your property.
You cannot and don’t need to pay any debt after you file the bankruptcy petition.
If you spend lots of expenses with huge amounts within one year before you file the bankruptcy petition, your behavior will be treated as optional consumption. Federal Bankruptcy Court will have the right to order you to return the money back.
All the legal fee must be paid in advance before you file the bankruptcy petition.