Today, America's middle class seems to be more in debt than ever before. This could be because of the difficult job scenario, ever-increasing medical costs, or even the growing divorces that result in high alimony or child support. Increasingly, many are finding it difficult to repay their loans. Personal bankruptcy laws are legal provisions that help individuals pay off their debts, allowing individuals who show honesty to have a fresh start.
There are two ways to be declared bankrupt - either a person could willingly declare bankruptcy, or creditors could take legal proceedings to have the person declared bankrupt. It is much better to for an individual to voluntarily declare bankruptcy. Once you have legally filed the documents, your creditors must stop harassing you for payments. However, do remember that this does not affect a loan on a car or mortgages on homes. In either case, the bankruptcy courts appoint an attorney as a trustee to oversee the payments. They are known as the "trustee in bankruptcy" or the "TIB."
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Once bankruptcy is declared, debtors can pay off what they owe by splitting up their "non-exempt" resources and assets. After these have been distributed, individuals can be released of most of their financial responsibilities. This happens even if all the debts have not been paid. As long as the bankruptcy proceedings are pending, debtors are protected from extra-bankruptcy actions, legally a "stay" is declared.
There are two types of personal bankruptcy laws: Chapter 7 bankruptcy law, also called the Liquidation or Straight Bankruptcy, and Chapter 13 or Wage Earner Bankruptcy.
Some property owned by the debtor is sold to repay debts under the Chapter 7 bankruptcy laws. The proceedings of the property sold would be used to pay off credit card bills, though it cannot be used to pay off child support, student loans, car loans, housing mortgages, and other taxes. Under this law, most paybacks are made ninety days after filing for bankruptcy.
Sometimes it could happen that the debtors own no property and so they lose nothing. To find a way out of this, the "Bankruptcy Abuse Prevention and Consumer Protection Act of 2005" was established. This amendment made it difficult for people to apply for Chapter 7 bankruptcy. Under this law a "means test" is taken to check if the individual or family earns enough to support themselves and earn an "excess" to pay back their debts.
If the individual has the income and resources to pay back, he or she would have to file for bankruptcy under the Chapter 13 Personal Bankruptcy law. This way, the debtor can keep all his or her property, but regular payments would have to be made to a trustee who distributes it among the creditors. Under this law, child support and alimony payments became first priority when excess income is divided. This payback time under the Chapter 13 laws could be for three to five years. When debtors apply for this, they must give their current tax return statements. It is mandatory to undergo a federally approved credit counseling program before filing.
Before filing, you visit websites like ks.essortment.com/personalbankrup_ryip.htm and creditadvice-usa.com for more details. Before anyone declares personal bankruptcy, do be aware of the laws and hire a competent attorney. This will ensure that you will have a fair representation that will help in paying back debts in a favorable manner.
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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