Whether you’ve lost your job, accrued significant medical bills, or built up debt that you cannot pay off, filing for Bankruptcy may be the solution you need to start anew, debt-free life.
The decision to file for bankruptcy should be made only after determining that bankruptcy (by a qualified professional) is the best way to deal with your financial problems.
How to File for Bankruptcy
Filing for bankruptcy is a legal process that either reduces, restructures, or eliminates your debts. You can file for bankruptcy personally or through a bankruptcy lawyer.
Bankruptcy costs include filing fees and attorney fees. Reach out to our office if you require the services of a bankruptcy lawyer.
Chapter 7 Bankruptcy
When you file a Chapter 7 Bankruptcy, a bankruptcy trustee sells off your assets to pay your debts, then you can no longer be held personally liable for them. The purpose of Chapter 7 Bankruptcy or liquidation bankruptcy is to provide certain debtors who are facing severe hardship with the ability to obtain a fresh start. However, some debts are non-dischargeable through bankruptcy.
Another advantage of filing a Chapter 7 Bankruptcy is the “automatic stay,” which is an injunction against the actions of creditors and debt collection agencies. During the stay, creditors may not garnish your wages, foreclose on your property, repossess your vehicle, or cut off your utilities unless they file a motion to lift the stay.
Chapter 13 Bankruptcy
If you file for Chapter 13 bankruptcy, also known as reorganization bankruptcy, you can keep your property. Your debts are only discharged under Chapter 13 if you pay back all or a substantial amount of your debts over a 3-5 year period by making monthly payments to the trustee who will disburse these payments to your creditors according to their priority status.
The debts that must be repaid in Chapter 13 are priority debts, including child support, alimony, certain taxes, and wages owed to employees, and secured debts that are debts secured by collateral. You will also need to pay arrearages—back payments that you failed to make.