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Benefits of Bankruptcy

Filing for bankruptcy is a complicated, emotional process. It takes more work and time than most people realize, but it can also be the right solution for significant debt issues.

Don't get down about growing past due balances or creditors calling at all hours, credit card debt or overdue medical bills. If you take immediate action, you can get help before it's too late! You may qualify for protection under the U.S. Bankruptcy Code, and filing bankruptcy may help you regain control of your financial future.

For some, filing Chapter 7 bankruptcy offers the opportunity to discharge unsecured debts and get started on the path back to financial stability. For others, filing Chapter 13 bankruptcy allows the repayment of secured debts like their mortgage debt over time.

Consult with a bankruptcy attorney or educate yourself on your options you may find that filing for bankruptcy could help you out of a difficult financial bind.

Most filers find that bankruptcy eases stress by stopping:

• Collections agency calls or harassment
• Debt lawsuits from creditors
• Wage garnishment (creditors taking money from your paycheck)
• Foreclosure (unless the property has already sold)
• Repossession of some property (in Chapter 13)
• Bankruptcy will also:
• Get rid of many debts (in Chapter 7)
• Protect some property from being sold (depending on exemptions in your state)
• Put an end to growing debt and give you a fresh start to turn things around

Who Files Bankruptcy?

Most individuals and business who file for bankruptcy have far more debts than money to cover them and don’t see that changing anytime soon. In 2020, bankruptcy filers owed $86 billion and had assets of $56 billion. Most of those assets were real estate holdings, whose value is debatable.

On the other hand, bankruptcy can often be used as a financial planning tool when you do have enough money to repay debts, but need to restructure the terms. This is often in cases when people need to repay mortgage arrears or taxes in a structured repayment plan.

What is surprising is that individuals – not businesses – are the ones most often filing for bankruptcy. They owe money for a mortgage, credit card debt, auto loan or student loan – perhaps all four! – and don’t have the income to pay for it. You deserve a new life now! Free Consultation Click Here

There were 774,940 bankruptcy cases filed in 2019, and 97% of them (752,160) were filed by individuals. Only 22,780 bankruptcy cases were filed by businesses in 2019.

The other surprise is that most of the people filing bankruptcy were not particularly wealthy. The median income for those who filed Chapter 7, was just $31,284. Chapter 13 filers weren’t much better with a median income of $41,532.

Part of understanding bankruptcy is knowing that, while it is a chance to start over, it definitely affects your credit and future ability to use money. It may prevent or delay foreclosure on a home and repossession of a car, and it can also stop wage garnishment and other legal action creditors use to collect debts.You deserve a new life now! Free Consultation Click Here

Why Declare Bankruptcy?

The obvious answer for why you should declare bankruptcy is that you are drowning financially and no one – not banks, not online lenders, not family or friends – will throw you a lifeline.

The millions of people who lost their jobs or businesses because of the coronavirus, have some hope because of bankruptcy. They still had bills to pay, and in many cases, no way to handle them. That’s what bankruptcy was meant to address. It’s not a bailout. It was created to give people a chance to get back on their feet financially and restore their peace of mind.

If your bills have grown to levels your income simply can’t handle, having your debts discharged through bankruptcy is a safe, legal and practical choice. You deserve a new life now! Free Consultation Click Here

Why do people claim bankruptcy

Bankruptcy is considered to be an avenue to relieve oneself from debts, by most people. Most people look forward to making a fresh start when they are all surrounded with debts. It is important for every individual to keep track of all his debts in terms of the amount owed and the time needed for paying back, because very often people forget about their affordability and due to their bad spending habits land up with a bunch of debts. Keeping good track of ones finances and spending can prevent an individual from claiming for bankruptcy, but then it is easier to say and too hard to follow.

Loss of employment:

this is one of the most common reasons for claiming of bankruptcy. Any sudden event because of which the major income earner or may be both spouses lose their jobs, can lead a family into financial trouble. With the job gone, the insurance protection provided by the employer also vanishes and both these things combined together can make recovering nearly impossible without the help of bankruptcy.

Stopping creditors harassment:

there are some lenders who may not always stick to the justified course of action in their attempt to collect the debt. They can often resort to threatening and abusive behavior, quite often adopting unlawful methods. Even though through claiming bankruptcy, a hold on the demands of the creditors cannot be put, but the harassment and undignified behavior can be stopped.

Stop wage garnishment:

wage garnishment is the practice of taking away your monthly earnings by your employer to pay for your debts, quite often leaving you without the basic necessities. Wage garnishment can be stopped with chapter-seven bankruptcy, which permits the debtor to keep sufficient wages so as to purchase necessities.

Challenging fraudulent creditors:

by claiming for bankruptcy, you can challenge the false claims made by some creditors who are trying to extract more money out of your pockets in an unjustified manner. In such a situation, you would definitely need the services of a bankruptcy lawyer who can even stop the creditors from fraudulent credit reporting.

However, when your debts have grown out of proportion,

However, when your debts have grown out of proportion, bankruptcy may be the only alternative left for you. But before you embark on claiming for bankruptcy, get acquainted with the pros and cons. The biggest advantage of declaring bankruptcy is to free oneself from debt so that his peace of mind can be restored, because his creditors will stop bugging him with repeated phone calls to get their money back. But alongside come some disadvantages such as the individual being relinquished of his assets and his financial problems becoming public. Claiming for bankruptcy can be very embarrassing for an individual and most people would not love to see themselves in that embarrassing spot.

All those who are thinking along the lines of claiming for bankruptcy should ideally begin by speaking to a bankruptcy lawyer

before they make any major decisions. There are different types of bankruptcies that you can claim for, and only a lawyer can help you in making the right decision by investigating your specific case. At the same time you need to pay some attention towards the importance of good credit, because re-establishing a good credit can make you realize some of your goals while offering your financial stability and independence.

You need to have a good planning done to manage your finances before and after the claiming for bankruptcy, to know exactly where you stand. Claiming for bankruptcy is not an easy job, and you will have to face a lot of losses before you can finally get back on your feet. You must begin saving some money and restricting yourself to purchasing items on cash basis only.

Filing bankruptcy is stressful, and it is not easy.

The decision as to whether to use an attorney should be taken very seriously. After all you will have many questions throughout the process and if you mess up badly, your case could end up being dismissed altogether. Because of the long-term legal and financial consequences, you need to strongly consider obtaining sound legal advice.

How to File for Bankruptcy

Filing for bankruptcy is a legal process that either reduces, restructures or eliminates your debts. Whether you get that opportunity is up to the bankruptcy court. You can file for bankruptcy on your own, or you can find a bankruptcy lawyer, which most experts regard as the prudent avenue to pursue.

Bankruptcy costs include attorney fees and filing fees. If you file on your own, you will still be responsible for filing fees. If you can’t afford to hire an attorney, you may have options for free legal services. If you need help finding an affordable bankruptcy lawyer or locating free legal services, check with the American Bar Association for resources and information.

Before you file, you must educate yourself on what happens when you file for bankruptcy. It’s not simply a matter of telling a judge “I’m broke!” and throwing yourself at the mercy of the court. There is a process – a sometimes confusing, sometimes complicated process – that individuals and businesses must follow.

The steps are:

• Compile financial records: List your debts, assets, income and expenses. This gives you, anyone helping you, and eventually the court, a better understanding of your situation.
• Get credit counseling within 180 days before filing: You can’t file for bankruptcy until you’ve gone through a required bankruptcy counseling. It assures the court you have exhausted all other possibilities before filing for bankruptcy.

  The counselor must be from an approved provider listed on the U.S. Courts website. Most credit counseling agencies offer this service online or over the phone, and you receive a certificate of completion once it’s done that must be part of the paperwork you file. If you skip this step, your filing will be rejected.

• File the petition: If you haven’t hired a bankruptcy lawyer yet, this might be the time to do it. Legal counsel is not a requirement for individuals filing for bankruptcy, but you are taking a serious risk if you represent yourself.

  Understanding federal and state bankruptcy laws, and knowing which ones apply to your case, is essential. Judges are not permitted to offer advice, and neither are court employees.

  There also are many forms to complete and some important differences between Chapter 7 and Chapter 13 that you should be aware of when making decisions. If you don’t know or follow the proper procedures and rules in court, it could affect the outcome of your case.

  Without legal advice, you’re also running a risk that the bankruptcy trustee can seize and sell your property.

• Meet with creditors: When your petition is accepted, your case is assigned to a bankruptcy trustee, who sets up a meeting with your creditors.

  You must attend, but the creditors do not have to. This is an opportunity for them to ask you or the court trustee questions about your case.

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