There is just no easy way to get out of debt, you have to face up
to the consequences. A bankruptcy is not always the answer, as the
effects are long lasting. |
When you miss your mortgage payments,
foreclosure may occur. This is the legal means that your mortgage
company can use to repossess (take over) your home.
|
Chapter 7 bankruptcy is
a liquidation proceeding. The debtor turns over all non-exempt property
to the bankruptcy trustee, who then converts it to cash for distribution
to the creditors.
|
The underlying policy
of bankruptcy law is that the honest debtor who is in debt beyond
his or her ability to repay the debt should be given a fresh start
through the discharge of debts in a bankruptcy proceeding.
|
One of the major
benefits of filing for protection under Chapter 7 is that many creditor
actions are stayed. This means that debt collection and foreclosure
are halted.
|
Once bankruptcy is filed, all the property
of the debtor at the time of the filing and certain other property
to be received in the future, becomes the property of the bankruptcy
estate.
|
Depending upon which exemption scheme is
selected and your circumstances, you may exempt up to $100,000 in
equity.
|
When making financial decisions during the
process, you should consult your attorney.
|
Find answers to some commonly asked questions
about bankruptcy.
|
Disclaimer:
This information deals with Chapter 7 consumer bankruptcy. Each
state has its own bankruptcy laws, so you need to check with your
state for details. Information dealing with Chapter 13 bankruptcy
and consumer debt restructuring is not discussed in the above FAQs.
The information contained in the following FAQs is provided for
general information purposes only and is not intended to be a legal
opinion nor legal advice nor is it intended to be a complete discussion
of all the issues related to the area of Chapter 7 consumer bankruptcy.
Every individual's factual situation is different and you should
seek independent legal advice regarding specific information. |