To initiate this procedure, you must employ an attorney. When you select an attorney, you will be required to pay upfront fees. Consider the cost of the procedure, the time it will require, any requirements that may be imposed, and the price your credit will pay afterwards. There are some publicly funded legal aid programs that may handle bankruptcy cases for free. They may be able to refer you to a private attorney if this option is unavailable. Not all lawyers charge identical fees. Request references or inquire about bankruptcy court experience.
Meeting with the attorney is the next step. Bring any documents pertaining to your debt, including bill statements detailing the amount you owe, correspondence from collection agencies, and copies of your credit reports. The list may be lengthy, but you must include even the smallest debts. Your attorney will explain the next step in the bankruptcy process. Which category do you fall under?
Chapter 13 insolvency:
Options for bankruptcy will offer you a fresh financial start. Chapter 13 is a form of bankruptcy. In court, your information will be presented. The attorney will be responsible for convincing the court that you qualify for this option. In the petition presented to the court by your attorney, your assets and liabilities will be listed alongside your income and expenses. In addition, you and your attorney will draft a statement detailing your financial situation and any other pertinent information.
In Chapter 13 bankruptcy, you will be placed on a payment plan to repay all or a portion of your debts. Three to five years will pass during the payout period. Before submitting your plan, you will be required to obtain debt counseling. Learning how to manage your finances to pay off your debt will guarantee your success.
While paying off your debt, you will be able to retain your residence and vehicles. The court will authorize a feasible plan to restructure your debt, which may include the possibility of rescheduling your mortgage debt. You filed for Chapter 13 to obtain financial relief; with the assistance of the court and debt counseling, you will get back on track.
Chapter 13 bankruptcy stays on your credit report for seven years. Your debt counseling will assist you in reestablishing credit.
Chapter 7 insolvency:
Filing Chapter 7 bankruptcy will give you a fresh financial start. More frequently, this bankruptcy option is filed by individuals with limited income and assets. There is no repayment plan, and the courts will discharge the majority of your debts.
Again, you will need the assistance of your attorney to demonstrate your eligibility for this type of debt relief. This program will not apply to all debts, but your residence, vehicle, and personal belongings will be exempt. If you have a 401(k) or an individual retirement account, they are also exempt.
Rules, forms, and procedures for Chapter 7 bankruptcy require the expertise of an attorney to satisfy the courts. Your petition to the courts will include an itemized inventory of your monthly living expenses, income, creditors, and the amount owed to each. Once the court proceedings are concluded, your debt will be discharged and you will have a fresh financial start.
Chapter 7 bankruptcy stays on your credit report for up to ten years. Consider debt counseling to avoid falling into the same pitfalls as in the past.""
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