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:
It is true that filing for any type of bankruptcy will force creditors to refrain from collection tactics under federal law of the “automatic stay.” This policy is made active immediately upon filing for bankruptcy, stopping the major frustration of creditor’s lawsuits, wage garnishments and telephone communication attempts, in addition to any other methods used to regain debt. Often the source of much debt collection grief is home foreclosures. This process also provides protection for individuals in these cases, but also halting foreclosures. However any past-due payments must be repaid in reasonable period of time.
Though relief from the frustrating activities of debt collectors is very desirable, bankruptcy should not be taken lightly, and should only be filed as a necessity. It will cause detrimental effect to one’s credit score that will stay with them for up to ten years after. Also, if Chapter 7 bankruptcy is granted, the debtor will lose a majority of their property to the process of repayment to their creditors to gain debt cancellations.
Filing bankruptcy to avoid debt collection harassment will bring all the same possible consequences and benefits as filing for any other reason, but may bring cause more consequences if filed for only the specific purpose of debt harassment relief. Debt harassment is a serious crime that should be handled with the aid of legal professionals.
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Posted by Greg Cohoat on 08 Jun 2010