Saturday, December 17, 2011

Declaring Personal Bankruptcy: Chapter Seven Bankruptcy Is The Preferred Option

By Clara Frenk


So you are in a financial mess. Who knows how you got there, it could be that you got laid off or fired and just got behind, or maybe you were a bit frivolous and spent too much on credit cards and lines of credit and bought things that you were just not able to afford. This means that after declaring personal bankruptcy the law steps in and ensures that you are not required to pay those debts that have been discharged under the terms of the bankruptcy chapter that you have filed under. Furthermore, the discharge works as a permanently given court order that directs the creditors to refrain from taking any further action in regard to collecting on the discharged debts.

Now you just have to learn about how to file bankruptcy and there are a few steps that are going to have to be taken here.No doubt, the person that declares personal bankruptcy will be relieved of their personal liabilities for the entire sum of debts that have been discharged but any valid liens that have not been avoided in the bankruptcy proceedings will still remain even after completion of the bankruptcy proceedings. This allows secured creditors to enforce their liens in order to recover the properties that were secured by their liens.

Before declaring personal bankruptcy you need to also understand which the appropriate bankruptcy chapter that you should use for the purpose of filing for personal bankruptcy. In a majority of instances people file for Chapter Seven bankruptcy, and in order to get relief from large amounts of unsecured debts this is indeed the best option. So, if you have high amounts of credit card loans or other personal loans that you cannot pay back; this is the correct chapter to file your bankruptcy under. The other option is Chapter Thirteen bankruptcy.

Just as if you were to go and buy a house and get yourself a real estate broker to help you out, the same applies here.

Always remember if you want to know how to file bankruptcy that even with your lawyer there, you are still going to want to take the time to learn all that you can about this process.If you are bankrupt and you need to take a personal loan after bankruptcy, don't lose heart because even though many loan providers will turn you down there is a way to get what you want. As long as you are prepared to pay higher interest rates there should not be much of a problem finding a credit provider.




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