Before you file for personal bankruptcy it is a must that you consult a bankruptcy attorney. It is a must because you need to be aware of what your options are before you file for bankruptcy. Your personal bankruptcy attorney might be able to provide you with other options of dealing with your financial problems. Furthermore, recent changes in bankruptcy laws make it imperative that you consult and hire a bankruptcy attorney.
Chapter 7 Bankruptcy
When you consult the best bankruptcy attorney, he/she will tell you that personal bankruptcy can be filed under Chapter 7 or Chapter 13. Under Chapter 7 all the non-exempt assets of the debtor are liquidated to pay off the creditors. The debtor party is; however, allowed to keep some exempted property, like clothes, some real estate, personal things, food, tools of trade, etc.
Chapter 13 Bankruptcy
Under Chapter 13, your personal bankruptcy attorney will inform you that you would be put on a payment plan. In order to qualify for Chapter 13 you need to have a stable source of income so that you can make the payments according to the payment plan. You will be able to retain all your properties as long as you make the payments. Once you have made all the payments you will obtain a discharge from all debts incurred.
Once you have filed Chapter 7 or Chapter 13, your creditors can no longer undertake any action. In other words your creditors will be forbidden from calling you, going for foreclosures, repossessions, etc.
However, when you file for bankruptcy you must remember that there are certain debts that one cannot do away with under both the chapters. Alimony, child support payments, federal and state taxes, student loans, fines, and some other debts cannot be liquidated. Your personal bankruptcy attorney will tell you beforehand about all the debts that you need to pay for.
Today filing for bankruptcy is not a simple thing. When people file for business bankruptcy, it is understood that one would need a business bankruptcy attorney. However, many people still make the mistake of taking up their own case when filing for personal bankruptcy. It is very important that one understands that whether it is business or personal bankruptcy, it cannot be done without the assistance of a bankruptcy attorney who specializes in that particular field.
It is important to hire a bankruptcy lawyer because bankruptcy is a difficult nerve-wrecking time. The whole volume of paperwork can leave you stressed out if you tackle it alone. With the personal bankruptcy attorney by your side you will feel more comfortable and relaxed.