Personal Bankruptcy: Some Important Issues About Filing

2006-09-29 Word Count: 525 Category: Personal Finance

Filing personal bankruptcy will protect you from creditors that you owe money to. Bankruptcy is a new method to gain protection. It takes away your debts so that you start off on a new note with your finances. If you are planning to file bankruptcy then there are certain things that you should keep in mind.

The very first thing that you should do is get in touch with a lawyer who specializes in bankruptcy. You’ll want to be working with someone who knows exactly what is required and what steps you need to follow for bankruptcy. When you first meet with the lawyer make sure that you take along all of your financial papers, including bills that you owe, a verification of your monthly income, and statements from your bank.

You and the lawyer will need to determine exactly how much money you owe. You’ll be including everything that you owe so don’t leave anything out just because you don’t want your debt load to appear too high. The goal is to make a fresh start, so you don’t want any forgotten debt to get left behind because you’ll still owe it.

The lawyer will explain to you the difference between secured debt and unsecured debt. Secured debt is debt where your creditor will hold some type of secure interest on what you owe until the entire amount has been paid back. If you don’t pay back the amount owed the creditor can take back what you’ve purchased, such as your car. Unsecured debt is debt that isn’t secured with interest and is not tied to property.

There are some debts that you may owe that can’t be cleared by bankruptcy that you’ll have to pay back on your own. This type of debt includes student loans, child support, and any back taxes that you owe. Make sure that the lawyer has all the information needed to make an accurate application for bankruptcy.

Once you’ve determined all your debt you’ll be filing a bankruptcy petition with the local courts in your area. Your creditors will need to be contacted and notified that you’ve filed for bankruptcy. Once you’ve filed for bankruptcy your creditors will be unable to contact you and won’t be able to collect any of the money that you owe them.

Then a trustee who is assigned to your bankruptcy case will settle your debt. The trustee will then be responsible for paying your debts and staying in touch with your creditors. Incase you have a property or some other assets it would be sold off to pay off the debts. At certain places you are entitled to get some profit on the sale of your property. There are also cases where you can be given an allowance to live off for a certain period of time.

Filing for personal bankruptcy is a long and lengthy process that will affect your financial outlook for many years to come. Make sure that you have all the information that you need before you decide to file for bankruptcy.

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