Understanding Bankruptcy

 What Happens When I File For Bankruptcy

Bankruptcy is a legal proceeding that allows you to eliminate all, or a portion, of your debts. The filing of a bankruptcy immediately gives you protection under the federal bankruptcy laws and prohibits creditors from taking any further collection activity against you. Once your bankruptcy is completed and you have received your bankruptcy discharge, you are no longer obligated to pay any of the debts that were discharged in your bankruptcy filing.

There is a common misconception that only low-income individuals and families file for bankruptcy. However, this is far from the truth. Financial hardship affects people from all walks of life.
Filing for bankruptcy is a personal decision which should be based on your own specific circumstances. While all factors should be considered, your decision to file is greatly influenced by the amount of debt you owe and your ability to repay it in the near future.
Every year, far more Chapter 7 bankruptcies are filed by Americans than all other bankruptcy chapters combined. While not as popular as Chapter 7 bankruptcies, Chapter 13 bankruptcies are the second most filed type of bankruptcy. Both chapters offer significant benefits.
On October 17th of 2005, a new bankruptcy law entitled the “Bankruptcy Abuse Prevention and Consumer Protection Act ”(or “BAPCA”) went into effect on a national scale. The law was created and passed by President George W. Bush and our 109th Congress. Critics argue that the new bankruptcy laws are a result of Congress giving in to the demands of wealthy creditors who have aggressively lobbied for bankruptcy law changes for many years.
Personal bankruptcy can be a big, daunting, emotional decision. Whether it was health issues, unemployment, bad judgments or several years of bad luck that put you into a dire financial predicament, making the choice to file for bankruptcy relief can be stressful.
He who represents himself has an idiot for a client and a fool for a lawyer. That old proverb may be a bit harsh, but there is some truth to it. While it is possible to file a bankruptcy case without the assistance of an attorney, it is generally advisable to hire an local bankruptcy attorney to assist you with the intricacies of the complex bankruptcy code.

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