Personal bankruptcy generally is considered the debt management option of last resort because the results are long-lasting and far-reaching. A bankruptcy will remain on your credit report for 10 years these days. BK's make things difficult for your credit, because it cause your fico score to drop significantly, as well as tagging a "Bankruptcy" to the derogatory section of your credit report. According to the federal reserve, "Bankruptcies make it difficult to acquire credit, buy a home, get life insurance, or sometimes, get a job. However, it is a legal procedure that offers a fresh start for people who can't satisfy their debts."
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There are two kinds of personal bankruptcy: Chapter 13 and Chapter 7. Each must be filed in federal court. Filing fees are approximately $200, and Attorney fees are not included.
Chapter 13 is BK based on reorganization. Ch. 13 allows debtors to keep property, like a home or a car. Reorganization may allow you to pay off a default during a three-to-five-year period, rather than surrender any property.
Chapter 7 is a BK based on dissolving debt. This bankruptcy involves liquidation of all assets that are not exempt in your state. Exempt property may include work-related tools and basic household furnishings. Some of your property may be sold by a court-appointed official or turned over to your creditors. You can file for Chapter 7 only once every six years.
Both types of bankruptcy may get rid of unsecured debts and stop foreclosures, repossessions, garnishments, utility shut-offs, and debt collection activities. Both also provide exemptions that allow people to keep certain assets, although exemption amounts vary among states.
Note that personal bankruptcy usually does not erase child support, alimony, fines, taxes, and some student loan obligations. And unless you have an acceptable plan to catch up on your debt under Chapter 13, bankruptcy usually does not allow you to keep property when your creditor has an unpaid mortgage or lien on it.
Is Bankruptcy Right For You? Talk to Bankruptcy Attorneys Free and Confidential. Licensed bankruptcy attorneys are available. Attorneys will call you to discuss your case for free. Find out if bankruptcy is right for your situation.
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