March 17th, 2010Bankruptcy Considerations
Pursuant to the Bankruptcy Abuse Prevention and Consumer Coverage Act of 2005, consumers who plan to file for bankruptcy protection, with limited exceptions, will have to get credit advising from a government-approved institution within six months before they file. They also are required to complete a debtor education course from an approved service provider to have their debt discharged.
Bankruptcy is a court proceeding in a federal court by which an financially troubled debtor’s property are liquidated and the debtor is relieved of further legal responsibility. Chapter 7 deals with liquidation, while Chapter 13 deals with reorganization. If you have concerns related to bankruptcy, you should seek the help of a licensed bankruptcy attorney.
Chapter 7 bankruptcy is when the court appoints a Trustee who may liquidate or sell off some items that you own to pay back your creditors. The majority of of your debt will be canceled, but you may decide to pay for some creditors, usually to keep a car or home by which the creditor has a lien.
Chapter 13 bankruptcy is when your debt is reorganized into a single monthly transaction. The payment will continue for 36 to 60 months. In no case may a plan provide for installments over a period longer than five years. You do not have to repay all of your debt. You pay for only as much as you can afford to pay, but the minimum payment may be affected by assets you want to keep. When you complete the payments, debt not paid is discharged. Advantages and Disadvantages of filing for Bankruptcy
Filing bankruptcy does not always stop all credit card debt, and often simply restructures existing credit card debt – this leaves you accountable for all future payments. Filing bankruptcy also keeps with you for up to 10 years and you may have trouble getting any type of loan. Bankruptcy is public record and will be reflected on your credit report but not forever. Speak to one of our credit guidance experts if you need assistance.
Anyone who is taking into consideration bankruptcy needs to fully realize the process and the laws surrounding bankruptcy. Questions about bankruptcy should be addressed by a licensed bankruptcy legal professional. There are other possibilities to bankruptcy and you can avoid bankruptcy with outside help. It is critical to get early suggestions about bankruptcy if you are hoping to use the bankruptcy process to save your home or your car.
If you’re looking for a bankruptcy lawyer in Farmington Michigan, talk to one of our experienced Michigan bankruptcy lawyers.