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Bankruptcy
is a federal court proceeding that eliminates all or a portion of
an individual's debt giving them a chance to start over. You may
want to consider bankruptcy if you have tried budgeting, debt
consolidation, and cutting your spending but still find that you
are unable to pay your debts. Before filing for bankruptcy contact
a skilled and trustworthy attorney and evaluate the possible
advantages and disadvantages, including the following:
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Court-ordered
child support, taxes, or student loans will not be
canceled.
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Bankruptcy
stays on your credit report for ten years.
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Court
records are public record and newspapers publish
bankruptcy listings.
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If
you have little money or property, your creditors may
already think of you as “judgment-proof,” that is,
they don't believe that they can get any money from you.
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There
are two common types of personal bankruptcy under the U.S.
Bankruptcy Code:
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Chapter
7 is the most common form of personal bankruptcy and is
often referred to as “straight” bankruptcy or
liquidation because it allows your assets (what you own)
to be liquidated or converted to cash to pay creditors.
All creditors are permanently stopped from trying
to collect money from you.
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Chapter
13 bankruptcy is a repayment plan, although the total debt
you repay will probably be less than what you owe.
This plan requires you to have a consistent income
that would support a three-to-five-year payment plan. An
accurate budget is essential to a successful Chapter 13
filing. If you decide that bankruptcy is a good path for
you to follow, consult an attorney who is certified in
bankruptcy practice and who can help you evaluate which
option is best for you. |
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