Sunday, May 20, 2012

The Big And Small Benefits Of Bankruptcy



Mmost people make it out to be. In fact, there are numerous benefits to be gained. Although filing isn't necessarily for everyone, the benefits of the process can cover a wide range of issues that go along with financial hardships. Big or small, the potential for relieving financial stress and getting back on track are enough to make it worthwhile.

Big Benefits

One of the biggest reasons people file for bankruptcy is to stop credit collections. Wage garnishments, repossessions and foreclosures can all be stopped by filing for bankruptcy. When assets are at risk of liquidation, bankruptcy can offer a way to keep the property while working towards a debt resolution. When you file for bankruptcy an automatic stay order is issued, which prohibits creditors from pursuing further action against you. This order immediately halts all garnishment, collection, repossession or foreclosures in their tracks.

Once in bankruptcy, creditors cannot legally collect on a debt outside of any arrangement made by the court. Further, creditors must adhere to the debt relief plan that is determined by the court. Filing for bankruptcy essentially stops collections long enough for you to develop a plan and resolve your debts without the threat of losing your secured debt assets. The bankruptcy process is essentially a legal medium that moderates your interactions with creditors and helps you negotiate a debt relief plan that works for your financial situation.

Small, But Necessary

Although debt relief is the primary goal of bankruptcy, there are some intermittent benefits along the way. Even if you are filing for Chapter 13, your repayment plan will still be easier than resolving debts outside of bankruptcy. In a Chapter 13 repayment plan your debts will be repaid through a series of smaller payments spread out over a three to five year period. In many cases, the interest fees on the account will be frozen and delinquency fees may be waived. It is rare for a creditor to freeze interest or waive penalty fees outside of bankruptcy.

Another thing gained in bankruptcy is a lesson on finances. Part of the bankruptcy process requires that you participate in a credit counseling course. Although these courses are open to anyone looking to improve their money management skills, most people never take advantage of such resources unless required. The skills learned in a credit counseling course are invaluable and can teach you habits to set yourself up for a financially solid future.

The Lee Law Firm aims to help local residents resolve their debt issues and achieve a financially healthy future. Their mission is to provide high quality legal representation that to assist hard working people lower monthly debt payments, stop wage garnishment, prevent foreclosures, and stop calls from creditors. The Lee Law Firm bankruptcy attorneys have many years of experience in all aspects of Chapter 7 and Chapter 13 Bankruptcy in Dallas.

Article Source: http://EzineArticles.com/?expert=Christopher_M

Misconceptions and Myths About Bankruptcy

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Expert Author Christopher M

There are many myths about bankruptcy that strike fear in the hearts of the financially insolvent. Unfortunately, these misconceptions often deter people from filing and obtaining the help they need. The best way to combat misinformation is through education and there are a few things that anyone considering filing that holds reservations about the process should know.

I'm A Bad Person

One of the reasons people avoid filing for bankruptcy is the idea that doing so makes them a bad person or that people will think they were financially irresponsible. The truth is that the majority of people who file for bankruptcy are not poor money managers, but victims of unforeseen life circumstances. Job loss, divorce, death in the family and medical illness can all lead to financial hardships. Filing for bankruptcy doesn't make someone a bad person; rather it is a decision of responsibility that leads to debt resolution and a better chance of financial success for the future.

I Will Lose Everything

One of the most common misconceptions about bankruptcy is that one's assets are immediately at risk for liquidation by creditors. While there are some instances in which a few assets could be liquidated to satisfy debts to creditors, this is far from the norm. In fact, this generally only happens in Chapter 7 cases and is only applicable to non-exempt property. Bankruptcy exemption laws protect much of one's assets in bankruptcy filing such as a house, car, clothing, furniture, personal items and even retirement funds.

I Will Suffer Credit Damage

Credit damage is another major concern among bankruptcy filers as most people have heard something to the effect of a "bankruptcy stays on your credit for 10 years and is damaging." Yes, a bankruptcy can be listed on a credit report for up to ten years, but it does not mean that has a negative impact. The truth is that the majority of damage done to credit happens long before bankruptcy when payments are missed and accounts become delinquent. A credit standing is based on payment history and the status of an account, both of which are negative prior to filing for bankruptcy. After a bankruptcy discharge, debtors find that their negative payment histories are erased and their accounts are no longer considered delinquent. This results in an almost immediate improvement to credit. However, there is still much work to be done. Credit repair takes time and effort, so undoing years of negative account histories does take a year or two even once the negative remarks are removed.

The Lee Law Firm aims to help local residents resolve their debt issues and achieve a financially healthy future. Their mission is to provide high quality legal representation that to assist hard working people lower monthly debt payments, stop wage garnishment, prevent foreclosures, and stop calls from creditors. The Lee Law Firm bankruptcy attorneys have many years of experience in all aspects of Chapter 7 and Chapter 13 Bankruptcy in Dallas.

Article Source: http://EzineArticles.com/?expert=Christopher_M

What Is Bankruptcy?

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Bankruptcy is a legal proceeding to relieve debt for individuals or companies who can not pay their debt. Anyone can go bankrupt, including individual members of a partnership, although bankruptcy should always be a last resort option as it stays on your credit report in a negative manner for many years afterward.

There are many websites, online resources, companies and government departments that can explain all aspects of the bankruptcy process to you. However for quick reference, a few key points have been outlined below. It is important however to speak to an expert before considering bankruptcy for yourself.

Bankruptcy doesn't work on all types of debts
Bankruptcy can eliminate many kinds of debts, such as credit card debt, unsecured loans, and medical bills. But there are many types of debts that cannot be eliminated with bankruptcy; these include such debts as child or spousal support obligations.

How do I file for Bankruptcy?
If you want to make yourself bankrupt, you should contact a county court or a specialist company that can aid you in the bankruptcy process.

Who will deal with my case?
If you do not do it through a specialist bankruptcy company, an official receiver is appointed by the secretary of state and is an officer of the court. The official receiver has responsibility for administering your bankruptcy and protecting your assets from the date of the bankruptcy order.

How will bankruptcy affect me?
When you file for bankruptcy, you must propose a repayment plan that details how you are going to pay back your debts over the coming years. The minimum amount you'll have to repay depends on how much you earn, how much you owe, and how much your unsecured creditors would have received if you'd filed bankruptcy.

Daniel Johnstone is a debt advisor who is currently researching the different typesbankcruptcy that are available.

Article Source: http://EzineArticles.com/?expert=Daniel_Johnstonee