วันพุธที่ 23 พฤษภาคม พ.ศ. 2555
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Declaring Personal Bankruptcy
Declaring individual bankruptcy is not really a simple action to take and normally its done as a last measure. In our society, it creates shame and a stigma that can literally destroy the psyche of a few. However, from time to time, circumstances give you no other choice than to file for bankruptcy.
Anyone filing for individual bankruptcy normally has a choice between Chapter 7 bankruptcy and Chapter 13 personal bankruptcy. According to statistics, most individuals end up filing for Chapter 7 bankruptcy. Under Chapter 7, the court will sell certain of their assets and give the cash derived from them to the creditors. In return the debt to the creditors will be regarded as paid.
For people with a stable job and are getting a steady income, you may be better off filing under Chapter 13. The advantage in filing this way is that you can keep your assets. In return, however, you'll be expected to enter into an agreement with the courts whereby you are required to pay off your debts within, at most, a 5 year period of time. But no matter what type of filing you decide to do, the report of the bankruptcy will still be reflected on your credit score.
In the event that you have a attorney, he will tell you what documentation you need as well as when and where to show up for your courtroom date. Normally you will be required to show evidence of your current assets, income, expenses, and debts (secured and unsecured). This includes things such as tax statements, utility bills, bank statements, credit card bills, mortgages, and the like. Be sure you bring everything so the court has everything it needs to make a determination of your case.
When you declare individual bankruptcy, the hope is that you'll get a fresh start by having all of your debts discharged. Here are a few debts, however, that the courts typically will not discharge. As an example, when you have back taxes, it's extremely unlikely that they will be discharged. It's also unlikely that child support debts are going to be discharged. The best idea is to confer with your attorney before beginning individual bankruptcy processes. Upon examining your financial data he will be able to give you a good idea of what obligations you will be left with after the bankruptcy goes through.
Assuming that your bankruptcy filing is successful, the court will determine which of your debts will be discharged and which outstanding debts will remain on the books. Additionally, the court will let your lenders know of your individual bankruptcy status. And, finally, the court determine which of your assets you can keep and which ones will be liquidated. Any property and assets that you cannot keep will be sold or auctioned off to raise money for the creditors. What you can and can't keep is different from state to state. Your bankruptcy lawyer can advise you what the rules are in your individual state.
Choosing to declare bankruptcy is a hard decision to make. Because of the stigma attached to it, lots of people are deathly fearful of bankruptcy. However, oftentimes, it is the best choice to make - both financially and psychologically.
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วันอังคารที่ 22 พฤษภาคม พ.ศ. 2555
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