Financial problems these days are very common and you shouldn't be ashamed of admitting your too far into debt. Outstanding debts can occur in a variety of different ways. You could be swamped with overwhelming medical bills, laid off from work, or worse. Financial troubles loom everywhere, but luckily theres still one way out If your in too deep. Knowing when and when not to file a bankruptcy can sometimes be tricky, but maybe I can help.
If your just overwhelmed with debt and can no longer pay then bankruptcy is definately an option for you. When you file a bankruptcy to wipe your debt completely clean its called a 'discharge of debt'. Discharging your debt will start you over with a clean slate. It doesn't matter if you file a Chapter 7 or a Chapter 13 bankruptcy both will wipe most, if not all, of your debt out.
If you can no longer pay your mortgage and your house is up for foreclosure then bankruptcy is a viable option for you. A bankruptcy can help stop the sale of your house, but it will not wipe out the debt owed on your current mortgage. What a bankruptcy will do for your mortgage is help create a repayment plan for the payments your behind on.
A bankruptcy can also help keep your car and various other pocessions from being repossed. If your car has been repossed already by the bank, a bankruptcy can force the bank to give you back your car. Unfortunately this is only the case if you file the bankruptcy quickly enough after your car is repossessed. Any debt you own for these items will then be consolidated into a 'bankruptcy plan'. A bankruptcy plan means, that a bankruptcy trustee will be directly responsible for your debt, and all your payments will be paid to them instead of to the finance company. A bankruptcy plan is made to be in your best interest.
If you plan to file a bankruptcy because of medical bills then that may be a good option. Whether you were in the hospital for a major illness, or from a car wreck, or whatever, sometimes your medical bills can pile up to an exponential amount. If you can no longer afford to pay these bills then a bankruptcy can dramatically reduce your medical bill debt.
One of the major reasons people file bankruptcy is because loss of work. People easily become comfortable with their spending habits at the income their making. Sometimes the unthinkable occurs and you lose your job. The bills can quickly pile up. Often times this is compounded with medical bills also since a lot of people can no longer work because of medical reasons.
If you have an incredible amount of debt, don't be afraid to ask for a little help. Filing a bankruptcy can repair your financial burdens and get you back on your feet.
Got a Question? Ask.
Ask the community a question about this article:
Frequently Asked Questions
My hun%@aol.comsband and I filed chapture 13 and ...
By: alb | 15-08-2008
My hun%@aol.comsband and I filed chapture 13 and have not been able to keep up with the repayment plan and are now behind. We filed chapture 13 because we owned a home. At the hearing we told our lawyer that we could not afford to keep the home. He said go on with the bankrucy as is and deal with it later, that was a year ago . We lost the house 4 months ago and now have rented (rent are very high here because so many people are losing their homes) an apartmnet. My husbands earning have been going down and I am retire. We can not keep up with the payments. We find it hard to pay the daily living bills and now the creditors are starting to call again. My husband has told the lawyer and trustee that we can't afford to do the monthly payment. They just keep telling him to try. Is there any thing we can do. I don't know what to do or where to go.
I am going through bankruptcy (3 yrs) and my ...
By: Jody | 09-08-2008
I am going through bankruptcy (3 yrs) and my landlord has asked me to move, i was told that it is a state law that she cannot put me out until i have completed my bankruptcy course (7 yrs.)--Is this true?
Sister
Should I declare bankruptcy?
By: snoopy52 | 07-08-2008
We need assistance in someone to tell us what to do. I am in the middle of a break up/divorce after 11 years. We have been together that long, just never got married. We have a combined est amount of $15k in credit card debt and about $265k in home loans for the 1st and 2nd mortgages. The house is worth about $240k according to the few agents I have spoken to. We are trying to figure out which option is best for us. Should we just do a bankruptcy thing and let the house go and get the credit cards written off or should we do a short sale and then get a personal line of credit to separate the credit cards and just pay that off over the next 8 to 10 years. If we do bankruptcy, how long will it take to get our credit ratings back up? I am open to either a short sale or bankruptcy, just trying to figure out what is best in regards to getting this mess behind us and what would be best for our credit score.
Can a debtor file a bankruptcy for the sole ...
By: lelandwmckee | 07-08-2008
Can a debtor file a bankruptcy for the sole purpose to eliminate "one" judgment against them or this is the primary reason they filed? Wouldn't this constitute fraud of the bankruptcy system?
Can a creditor take you to court 6 years after chapter 7 bankruptcy was dismissed?
By: flyer | 07-08-2008
If you file chapter 7 and it is discharged can a creditor who sold their company to another take you back to court for the debt claimed on the bk?
Doesn't the 'community' dissolve when the marriage does?
By: RjPixie | 06-08-2008
In a community property state isn't the community dissolved when the marriage is dissolved? If so, then why and how would one spouse who is now sole and separate be responsible for debt of the other spouse which is now also sole and separate (not including any debt that the former couple both signed on of course)?
Q&A Powered by:
Latest Law Articles
Americans with Disabilities Act of 1990
By: Art Gib | 13/10/2008
Disabilities can affect a person's life in a myriad number of ways. Whether a disability is new to you or not, it would be wise to learn about the protections you have and where you can turn for help. Read the following article to learn about reasonable compensation and sources of help.
San Francisco Bankruptcy Attorney-Find the Right San Francisco Attorney For Your Bankruptcy Case
By: William Perry | 13/10/2008
Looking for the right San Francisco bankruptcy attorney? This is definitely a difficult process, and most people don't even know where to start their search other than the yellow pages or the internet.
However, when you do a few simple steps before this, you can actually eliminate these two mediums altogether...
When to Hire an Employment Attorney
By: Art Gib | 13/10/2008
There are several different scenarios in which employers and employees may need the services of a qualified employment attorney. If you fall into any of the following situations, start looking for some legal counsel in your area.
Employment Law and the Road to Settlement
By: Art Gib | 13/10/2008
There are many different aspects of employment law and it can often be hard to prove your case. That is why so many people hire a qualified employment attorney. For more information on employment laws and settlement, read the following article.
Personal Injury Lawyers Should Be The First Number Called After An Accident
By: Rick Hendershot | 12/10/2008
Does this sound familiar? You have been injured in a car accident, a work incident, or any other kind of accident that has caused you personal pain. You understandably want to get your medical bills paid for, and you want compensation for the pain that you are suffering.
Effective Ways To Stop Debt Collector Harassment
By: Rick Hendershot | 12/10/2008
Debt collection harassment is an annoying and embarrassing experience for anyone to go through. Luckily, there are ways to stop debt harassment, if you know your rights.
10 Reasons People Quit Law School
By: Mark Warner | 11/10/2008
There are many reasons why people quit law school - it's a difficult and taxing time for any students, and thousands quit at the start of their first year. This article takes a look at why students quit law school.
Things Your Lawyer Wish You Knew
By: Mark Warner | 11/10/2008
Lawyers are quietly looking out for us (their clients), but that doesn't mean that they sometimes wish we knew more about business law basics so that we could avoid common pitfalls. Check this article out learn more.
More from Nicholas Copernicus
Durable Power of Attorney Info
By: Nicholas Copernicus | 10/09/2008 | National, State, Local
The durable power of attorney (POA) is a legal form, which can be used by a competent adult to appoint another person to act as their agent to manage their financial affairs.
Will Contesting
By: Nicholas Copernicus | 05/09/2008 | National, State, Local
Will contests are typically brought on by family members from wealthy families who believe they were cheated out of their share of the inheritance of the assets involved.
Creating a Business Partnership Agreement Contract
By: Nicholas Copernicus | 27/08/2008 | National, State, Local
Verbal agreements tend to never work out. Putting the terms of the partnership in writing is the smartest thing you can do to protect your business.
What Can You Do With a Power of Attorney?
By: Nicholas Copernicus | 17/08/2008 | National, State, Local
A power of attorney form is a legal form that will allow someone to appoint another person to legally act on his or her behalf. The person who creates the POA (power of attorney) is called the principal and the person appointed to act on the principal’s behalf is called the agent.
What Exactly is a Promissory Note?
By: Nicholas Copernicus | 09/08/2008 | National, State, Local
A promissory note is a legal agreement that is a written promise to repay a debt. It will include how and when the debt will be repaid. It can be through a series of payments, upon demand, or another way both parties can agree upon.
What is a Personal Bankruptcy?
By: Nicholas Copernicus | 25/07/2008 | National, State, Local
A personal bankruptcy is a form that when filed will discharge obligations to creditors. Bankruptcy forms can be located online or an attorney can prepare one for you.
Purpose of Prenuptial Agreements
By: Nicholas Copernicus | 25/07/2008 | National, State, Local
Prenuptial agreements are forms that act as a practical solution for dealing with the topic of how finances will be handled in a marriage. Although these forms are critical in preventing financial inequality, popping the question of using a prenuptial agreement is often times considered unromantic.
Preparing a Bill of Sale for a Used Car
By: Nicholas Copernicus | 20/07/2008 | National, State, Local
Preparing a bill of sale for a used car is a professional, organized way to sell a vehicle. Mike Meredith of MSN autos even believes by using one it will help to "maximize the dollars that you put into your pocket".