We've got a large library of articles, Q&A's and other pages that will explain bankruptcy law and processes in detail. See the following categories for lots of free legal information.
Start here to get the low-down on what bankruptcy is, what it can do for you, who it works for and more.
Learn what happens to your debts (credit cards, mortgage, car loan, etc.) in Chapter 7 and Chapter 13 bankruptcy.
Many people believe they will lose their property if they file for bankruptcy, but for most, this is not the case. Learn what happens to your car, home, and other property, in bankruptcy.
Most debtors will file either Chapter 7 or Chapter 13 bankruptcy. Learn how they both work.
Bankruptcy is a system of federal law but state law plays a role. Learn about state specific laws.
Learn about the bankruptcy process: Automatic stay, meeting of creditors, means test, debt discharge, and more.
Answer:
Bankruptcy should remain as a final resort for those in debt. There are two forms of bankruptcy available to individuals in the United States. Chapter 7 is liquidation bankruptcy, where the debtor’s assets are place in control of the bankruptcy court and sold to repay creditors. Before resorting to Chapter 7 however, Chapter 13 bankruptcy should be considered, in which all debts and possessions are maintained, but the debts are restructured through a payment plan developed between the debtor and creditors through a bankruptcy trustee.
Though both of these options have many benefits, such as the major benefit of debt collection relief through the “automatic stay,” there are many disadvantages that should keep most individuals from petitioning for either form. In addition, prior to petitioning for bankruptcy, the debtor must complete credit-counseling courses. These courses should provide insight on how to avoid taking the step to bankruptcy.
In essence, the strategies taught in those courses, such as structuring payments to finish out those with the highest interest rate, are the same as those used to reorganize an individual’s debts through Chapter 13 bankruptcy. They can be just as effective, but at the sole effort of the debtor, rather than with the assistance of the bankruptcy court and cooperation of the creditors.
Talk to a Bankruptcy Lawyer about other options, such as debt settlement litigation, and find out what solutions are best for you.
Good luck.
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Posted by Greg Cohoat on 11 Jun 2010