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What is Bankruptcy?

bankruptcy

Bankruptcy law is designed to benefit both debtors and creditors by seeing that debtors get relief from debts they can’t pay, and that creditors get paid from whatever assets the debtor does not need to live going forward.

Bankruptcy is governed by the federal law found in Title 11 of the United States Code. As federal law, it supersedes any conflicting state law, so, with the exception of exemptions, bankruptcy law is the same from state to state.

Types of Bankruptcy

There are four kinds of bankruptcy proceedings. They are referred to by the chapter of the federal Bankruptcy Code that describes them:

Chapter 7 – Bankruptcy

Chapter 11 – Business / Over-Limit Individual Payment Plan Reorganization

Chapter 13 – Repayment Plan

You should consult with a bankruptcy attorney in your state to see whether you can protect all of your assets in bankruptcy. If you have “non-exempt” assets that you wish to keep, then Chapter 7 bankruptcy may not be an option. Chapter 13 bankruptcy may still be available, but may be less desirable than non-bankruptcy debt settlement.

There are many questionable “debt settlement” companies out there. Often these companies require up front “fee” payments, often amounting to thousands of dollars, which are non-refundable, even if they fail to reach settlement with your creditors. An attorney will have credibility when telling your creditors that if a settlement cannot be reached, a bankruptcy notice will be forthcoming. Many bankruptcy attorneys will agree to try non-bankruptcy debt settlement before filing a bankruptcy case on your behalf.

It is not recommended that you file bankruptcy without the assistance of an attorney. The Bankruptcy Code is complex and contains pitfalls that are not necessarily foreseeable prior to filing. Based on the factual and legal complexity of your case, a qualified bankruptcy attorney will be able to offer you a customized solution to your situation.

Contact LegalHelpLawyers.com today for legal aid with bankruptcy!