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Questions & Answers on Bankruptcy

 

What is Bankruptcy?
           Bankruptcy is a legal proceeding conducted in Federal Bankruptcy Court which allows a person who has more debt than he or she can pay (called a "debtor") to seek relief from those debts and collectors of those debts (called "creditors).
           Under Federal Law, you (or your spouse jointly) are entitled to file a Bankruptcy Petition to restructure and reduce or eliminate your debts and obtain a fresh financial start.
Under the Bankruptcy Laws, you are entitled to file a Petition with the Court allowing you to keep your home, your car and your personal belongings from being sold without your consent.

Bankruptcy can stop:
Foreclosures
Repossessions
Law Suits
Wage Attachments
Utility Shut-offs
Evictions

Which type of Bankruptcy is right for me?
           If you have decided to surrender your home, a Chapter 7 will discharge and eliminate any remaining balance that is owed to your mortgage company after the sale of your home, along with many or all of your other debts. If you have decided that you would like to keep your home, a Chapter 13 will enable you to do so as long as you make payments to your creditors in accordance with a Court-supervised plan. To determine which chapter is right for you, you should seek legal advice to determine how you can use the Law to your advantage.


What are the Consequences of Bankruptcy?
           Bankruptcy may appear on a person's credit report for up to ten years and may interfere with that person's ability to obtain new credit in the future. However, a person contemplating Bankruptcy most likely already has a poor credit rating. In these cases, Bankruptcy may actually improve his or her ability to get credit, since many of that person's former debts will have been eliminated.
          Both during and after your case we will show you ways to rebuild your credit rating using proven techniques.

 

 

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