Bankruptcy
Debt. The dreaded d-word. None of us like to hear it, let alone say it. However, the overwhelming feeling of being smack-dab in the middle of the creek without so much as a paddle is far worse. The good news? When all else fails, there is a way out that will finally have you breathing that longed for sigh of relief.
Bankruptcy can be your savior when facing a difficult financial crisis that you can not find your way out of. Of course, you don’t want to abuse the privilege by filing and getting in over your head again, just to keep filing for bankruptcy over and over again. After all, there is a task force whose aim is to seek out those who, even if filing within the allotted time frame, seem to be abusing the bankruptcy system with frequent filings. Still, unforeseen circumstances do happen and it is nice to know that not only is bankruptcy there for you in your time of need, but should a similar situation sneak up on you again, you can call on bankruptcy more than once to bail you out. However, since this is a legal process, there are rules and limitations.
Frequency
You can file for bankruptcy as often as you like, but if you are looking to have your debts discharged, you will only be able to file every 8 years. If the court sees that you have filed more than once in an 8-year period, you will have just wasted a lot of time and money. They won’t cancel the debt you owe.
In this case, you need to be prepared to get on your feet after filing. A plan of action is good and most bankruptcy courts require you to go through some kind of debt counseling program anyway. It’s a program you do not want to take lightly. It can make a huge difference in the court’s decision to approve your bankruptcy claim and could possibly offer resources for helping you to change your life and avoid future bankruptcy.
Different rules do apply to different types of bankruptcy. Chapter 7 will discharge your debts and can be filed every 8 years if needed, as mentioned before. The catch is that your previous case must have resulted in a discharge. If you receive a dismissal, you do have the right to refile 180 days later. Chapter 13, on the other hand, is a process of reorganization. This means you will propose a plan to the court for paying off your creditors. Under Chapter 13, some debts will have to be paid in full, some may be paid partially, and some of your debts may be discharged, depending on what you can afford to repay. Chapter 13 plans last about 4- 6 years before being discharged, however, you can file another petition as soon as you receive the Chapter 13 discharge. You can even file Chapter 13 at any time after receiving a Chapter 7 discharge.
Debts and Creditors
Certain debts can not be discharged. So think twice before you attempt to file on tax debts, child support or alimony payments. Student loans will only be discharged if you can prove this presents an undue burden. Be prepared to prove this on all the debts you want discharged. You’ll be up against creditors who are trying to convince the court that the debt you owe them should be repaid. Should they convince the court, you will end up paying.
Fortunately, those with a successful bankruptcy case benefit from the automatic stay that prevents creditors from taking action to collect the debt. The only way they can proceed from this point is if and when the court lifts the automatic stay.
Considerations
If you own a business, you may want to consider filing Chapter 11. If you make a living as a family fisherman or farmer, go for Chapter 12, which will allow you to hang onto your property while repaying your debts. This is similar to Chapter 13, but is a bit more involved as far as including your assets and reorganization of debts. Under Chapter 11, there are really no restraints or length-of-time limits on filing. The court simply must agree that there are benefits and possibilities of reorganization when filing. Chapter 12 plans may last no more than five years and once you have received a discharge, you’re free to file again.
So, as you can see, when in debt, there are options that will relieve your financial burden. As long as you are willing to follow the courts instructions, learn the process and not abuse it, bankruptcy can be your greatest ally when times are rough.
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