What does Bankruptcy
Means?
Bankruptcy is a legal process that can provide relief to
honest but unfortunate individuals who are unable to pay their debts. The
bankruptcy process begins with a petition filed by the borrower (most common)
or on behalf of creditors (less common). All of the debtor's resources are
calculated and evaluated, whereupon the assets are used to pay back a portion
of excellent debts. Upon the successful completion of bankruptcy proceedings,
the borrower is relieved of the debts obligations suffered prior to bankruptcy.
Learn the Truth about Credit Counselors
The primary source of income for credit counselors comes
from your settlement. They are not necessarily negotiating in your best
interest. The more you agree to pay the more the credit counselor earns. Think
about why you wanted to avoid bankruptcy. You probably thought it would be
better on your credit if you settled with a credit counselor. Not all your
creditors will be willing to settle on their debt. You will receive 1099s’ from
all creditors you settled with. You will have to pay additional taxes to the
IRS on the amounts you saved. This is not the case in a bankruptcy. Some credit
counselors will try and convince you to take money from your pension to pay
credit card debt.
What Happen if You
File For a Bankruptcy?
If bankruptcy is the choice you select, you will work with
the trustee to finish the needed types. The trustee will then file these
records with the OSB and you will be officially announced bankrupt. Once you
have been declared bankrupt:
- Your assets will be sold by the trustee.
- Your creditors will be notified
- Your creditors may hold a meeting.
- You may examined by the OSB.
- You may make “surplus income” payments.
A discharge release you from the lawful
responsibility to pay back the financial obligations you had as of the time
frame you registered for bankruptcy, except for particular types of financial
obligations that are omitted by law. The timing of your discharge depends on
your bankruptcy lawyer or attorney, including whether this is your first
bankruptcy, and whether you are required to make surplus income payments.
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