As can be expected in a downward trending economy, more and more people are choosing to voluntarily file for bankruptcy. To assist the people in this situation, this article was created to explain some of the aspects of bankruptcy.
When people hear the term bankruptcy, they often picture someone who simply chooses not to pay his or her bills. However, in reality, most people who file for bankruptcy are very good people. They simply are unable to keep up with their secure debt (such as their house) or unsecured debt (such as mounting medical bills).
To add insult to injury, this legal proceeding is difficult (actually impossible) to complete without the aid of a lawyer. You are actually required to use a lawyer to file bankruptcy (Even if you do not want to).
While most people choose to voluntarily file for bankruptcy, that is not always the case. Your creditors, if you go over a certain threshold, can actually force you to file. While this may sound very un-American, it is done every day.
There are two types (or as they are more commonly know, chapters) of bankruptcy that you should be aware of. Chapter 13, which is become more popular, consists of a court approved repayment plan. The second, Chapter 7, is where the debtor liquidates all of his assets to repay his creditors.
As you are required to use a lawyer for this legal proceeding, you can not bypass this step. While it may not seem fair to require you to spend even more money that you don’t have, this process is just too complicated to do by yourself.
Previous to the recent bankruptcy law changes, your attorney had a fairly easy time. All he had to do was fill out a few forms and collect his fees. That has all changed. He must now affirm to the court that all of the submitted paperwork is truthful.
As you can imagine, the cost of claiming bankruptcy has gone up, with the increased costs mostly going toward your legal counsel. For the increased fees, your attorney actually becomes more like your partner in that he is also legally responsible for ensuring you provide truthful responses to the court.
Now that you have completed reading this article, we are sure that you will choose to procure a lawyer to assist in this legal process. If you choose not to, you are simply setting yourself up for heartbreak in the future, in terms of many hours of frustration.
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