Have you come to a financial point in your life where you feel like you have little hope to ever rise above the waterline, and aren’t sure what to do, whether to file for bankruptcy, or find another way to become debt free? Filing for bankruptcy is an option our government allows us in order to get a fresh start, to renew hope, and to come out from under the burden of carrying unmanageable debt, whether we created the problem or not. Following are some things you need to know before filing for bankruptcy.
Not all of those considering filing for bankruptcy are doing so because of poor money management or lavish and extravagant spending. Often, catastrophic events occur, such as accidents leading to enormous medical bills, family financial problems that needed mending, loss of job, are just some of the things that may drive someone to consider filing for bankruptcy.
The fear of wage garnishment, repossession, foreclosure, and even jail time can weigh heavily on your mind. If you are at, or near, that point, then you need to know that there are two avenues available for you to pursue.
Chapter 13 – Chapter 13 allows for the reorganization of debt with a promise of repayment, typically, over a 5 year period of time. Chapter 13 will only be granted to those who can provide evidence that they will be have enough income necessary to satisfy the court’s demand for repayment. A bankruptcy trustee will give you a hearing after you file the requisite paperwork, verify who you are, put you under oath and ask questions about your case, and make a determination, with, perhaps, some input from your creditors, on whether you are eligible for Chapter 13. If not, you will be placed in Chapter 7.
Chapter 7 – This is where you are so under water financially that the prospects of you being able to repay your debt is virtually impossible, and the trustee and court recognize this and agree, and grant you Chapter 7 protection whereby all of your unsecured debt is washed away. If you have secured debt, then assets will be sold to help repay. Your creditors have no say in this matter, unlike in Chapter 13.
A trustee will oversee your case in either scenario, and has the power to grant your request or not. They are an impartial lot, neither siding with the creditors nor the debtor. Bankruptcy cases take anywhere from 3 to 6 months to be concluded.
Your credit rating will be affected at least for 10 years as the bankruptcy charge will be on your record.
Some people to choose to file themselves, but the wise one’s who seek to understand their rights and want them protected usually hire a bankruptcy attorney in York SC, or wherever, they are, to assist them through this painful process.
su)” i@hhref=”http://showellblades.com/about/”>bankruptcy attorney in York SC, or wherever, they are, to assist them through this painful process.