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The terminal solution for a debt relief is to file for bankruptcy. There are many reasons to be considered this serious financial decision. Apart from the expenses involved, the credit rating is affected and much legality is involved.
This filing was initiated in order to relieve the borrowers who were not able to pay their debt amount, no matter for whatever reason and to safeguard the creditors as well.
Full freedom from the debt is not easy nowadays as the changing laws are getting tougher. Federal laws are supplemented by additional laws in many states.
A professional lawyer can help you to understand the various laws prevailing in your area, and answer your many bankruptcy questions. We are not giving any legal advice here but can guide you to the place for finding one.
An individual filing for bankruptcy can be affected by two main chapters, namely Chapter 7 and 13 respectively. These two are very common and take into account both the joint and individual debtors as well as small filers.
Liquidation or the Chapter 7 frees the debtor from all requirements to re pay debt and might result into liquidation of assets. Many times, the debtors assets are exempt from the liquidation process. Certain debts cannot be discharged through this process. These may include fraud related loans, student loans debt, State and Federal, etc.
Chapter 13 is for the restructuring of debt and is commonly known as Reorganization.
A repayment plan can be worked out by the debtor and creditor on the basis of approval from the court regarding the payment of the debt.
On the other hand, Chapter 13 an attempt to liquidate assets for the payment of complete debt amount. In order to make part payment of the main debt, re structuring of payment plans is done more often. You can clear all your debts in less than five years.
Legal and Filing fees: Fees is approximately $800 or may be higher for a single person. Couple fees and business owner fees is $1,000 or more. You have to keep all the paperwork up to date to help your attorney in filing your documents. You will also have to spend time reviewing bills and answering questions to your attorney.
Bankruptcy Facts: You can submit a fee waiver application in the court so you are exempted from the court fees required for the process.
We want you to be safe and smart, ask many bankruptcy questions before you begin this process. Finance companies giving debt consolidation methods are also to be avoided as they may bind your property as collateral.
Here are some other important things to know. The article is strictly for educational or entertainment purposes only and should not be used in any way, implemented or applied without consultation from a professional. Please read our Terms of Service for more information.
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