While there are many different types of bankruptcy, the most common type is Chapter 7 Bankruptcy, which is the kind of that most people think of when they consider filing bankruptcy. Each type or chapter has its own unique set of rules, regulations, requirements, as well as restrictions.
The typical consumer might consider filing bankruptcy when they have a mountain of debt that they cannot ever see themselves getting out from under. This is usually not due to financial mismanagement, but an unexpected change in circumstances, such as a job loss, divorce, high medical bills, and other things that the consumer has no control over.
Despite what your friends may have told you, this process is not going to be easy. In past years, filing bankruptcy was almost as easy as it is in the game of Monopoly, and required little more effort. But today there are massive numbers of forms to be completed with very detailed information about your debts that goes into the filing.
This mountain of forms and applications needs to be completed, correctly, in detail, but even that does not guarantee you can file bankruptcy. The bankruptcy courts will look at your documentation and finances in great detail before they will approve it. Yes, it needs to be approved, and there is a chance that you will not be able to file bankruptcy if the court does not approve it.
In addition, you need to understand the source of your debt. For example, there are certain kinds of debt, including IRS liens and federal student loans that are not discharged by bankruptcy. So if those types of debts make up a large percentage of your overall financial obligations, any chapter of bankruptcy is not going to help.
Also consider the fact that a bankruptcy on your credit report is going to stand out like a huge red flag for the next 7 to 10 years. This will affect your ability to get a job, get good rates on car insurance, and of course get new credit established in the future. You can still get credit but will almost certainly be paying a much higher interest rate since you will be considered a higher risk.
With Chapter 7 bankruptcy, you also need to understand that many of your assets will be auctioned off and sold to satisfy your debt. You can keep some assets but the majority will be liquidated. Other chapters do not require this, but then again other chapter simply reorganizes your debt, they do not eliminate it, so you need to understand the type that is best for your situation.
Filing Chapter 7 bankruptcy is not an easy task, and especially with the new laws, it is highly recommended that you use a reputable bankruptcy lawyer to handle the paperwork for you, as well as making intelligent suggestions and even looking at alternatives. The money you spend for the attorney will likely more than pay for itself in terms of the time you invest as well as the assets you are able to retain after all is said and done.
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For more insights and additional information about Chapter 7 Bankruptcy as well as getting a free bankruptcy evaluation from a qualified bankruptcy lawyer local to you, please visit our web site at http://www.bankruptcy-data.com
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