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Bankruptcy Chapter 72011-12-23
If you're thinking about declaring bankruptcy in order to obtain debt relief, the process can seem scary and complicated. However, with a little bit of proper planning and some good advice from a competent bankruptcy lawyer, the process can become much easier to understand. What exactly do you have to do to declare bankruptcy?The first step is, of course, to speak to a bankruptcy lawyer about your financial situation so you can understand whether this is the right move for you. If you are interested to know more, take a look at Bankruptcy Chapter 7. Trying to go it alone is not a good option, especially since the new bankruptcy law has made things more complex. A lawyer can also help you avoid common mistakes such as making large purchases before filing or trying to transfer assets to family members so you don't have to surrender them to the court.The first thing you should know is that you will be required to take some credit counseling classes as part of your chapter 7 bankruptcy filing. This is one of the new requirements on the bankruptcy law passed several years ago. While many people believe that this law made it impossible to declare bankruptcy, the truth is that many people still qualify for relief. It's just that the process is more complicated as Congress is supposedly trying to make sure that you really need bankruptcy before you file your case.Perhaps the biggest change in the Bankruptcy Reform Act is the institution of a means test. As the name implies, the means test is trying to determine whether you have enough income (or "means") to pay off your debts without having to file chapter 7. The Court will examine your income and expenses to determine whether you qualify to have your debts wiped away completely or whether you should be required to repay some of the debts under a Chapter 13 plan.In many cases the means test is just a formality, and you will still be able to file chapter 7 despite the inconvenience. As a matter of fact, if your income is low enough when compared to the median income in your state, then you don't even have to worry about going through the means test.Once you file the petition, the court will institute an automatic stay, which means that creditors are no longer supposed to contact you or try to collect any debts until your case has been resolved. Right away, you get a moment of relief from debt collectors, and if all goes well this relief will be permanent.In most cases, you will not deal directly with the bankruptcy judge (who is a federal judge, by the way). Instead you will work with a trustee who represents the creditors and tries to get you to pay whatever you can. Obviously, this is where your lawyer is very important, as he will be able to represent you more effectively.Whatever you decide, make sure that you consider your options carefully. Bankruptcy can be an effective tool that gives you a fresh financial start, but it does have long-term consequences. Talking things over with the bankruptcy lawyer can help you know where you stand, but think about other options as well. For more detailed information, visit Bankruptcy Chapter 7.
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