Are You Confused About Bankruptcy Laws?

Posted by Law Article on July 18th, 2009 at 02:52am

Unless you are a lawyer, the odds are that you have not spent much time studying bankruptcy laws. If you are someone who is experiencing financial trouble personally or with your business and you find yourself in unmanageable debt, then you need to find out more about bankruptcy and ways to avoid it if possible.

At first, bankruptcy may seem like an attractive option. The goal of US bankruptcy provisions was to help the individual in debt be released from these obligations so that he can start over completely. The creditors are paid immediately but only as much as what the bankruptcy court can make after selling all the debtor’s non-exempt property and goods. Therefore, the creditors get money right away but, in all likelihood, they will not be repaid in full. Once you file for bankruptcy, you are absolved of your debts and your creditors can no longer harass you or sue you for the money. This reason is why many creditors would prefer you do not file bankruptcy in the first place, they want to receive their money back in full even if it does take longer than was originally agreed upon.

Even though Chapter 7 bankruptcy absolves your debt and allows you to start over, you are starting over with almost nothing. All of your non-exempt assets have been sold off and you have most likely lost many friends who trusted you with their hard-earned money. Your credit score also collapses. Depending on the state in which you live, the fact that you filed for bankruptcy will show up on your credit report for at least ten years if not longer. It is very difficult to start over again when you have no funds and cannot borrow money without incurring very large interest rates.

Therefore, you want to avoid filing for bankruptcy at all costs. If you feel as though you are sinking deeper and deeper into debt, you need to talk to a financial expert. They might be able to help you negotiate new contracts with your creditors so that they receive their payments in full and you can avoid the liquidation of all your assets.

Tags: Bankruptcy Chapter 13, Bankruptcy Laws, chapter 7 bankruptcy, Debt, Filing Bankruptcy, Us Bankruptcy