Monday, October 15, 2012

Filing for Bankruptcy - Look Before You Leap


In the event of unpaid debts, it is advised to call or e-mail law firms, before attempting any desperate measures such as raiding one's retirement plan, transferring property, or transferring credit card balances. One must consult bankruptcy lawyers, before making such hasty decisions.


Make sure that experienced bankruptcy lawyers are contacted if one has been sued or if there remains a pending judgment. Once a judgment has been issued, the underlying debt becomes a secured debt and can be paid off by seizing bank accounts, garnishing wages or seizing property.

Note that bankruptcy is not a good solution if one is elderly and/or has no assets that a creditor could garnish (social security wages, as an example) or seize. Even if one has non-exempt assets and debts such as student loans, an Atlanta bankruptcy attorney always advises not to file for bankruptcy.

It should be known that bankruptcy for individuals if of two types- Chapter 13 and Chapter 7. A Chapter 13 bankruptcy is also referred to as a "wage earner's plan." In this scenario, debts can be paid off over a period of 3 to 5 years by individuals without paying any interest on payment towards debt. One cannot be sued while using the Chapter 13 plan and even does not need to sell its properties or assets to make payments. However, Chapter 7 is a liquidation bankruptcy, which helps the individuals to pay their unsecured debt in an efficient manner. Homes are seized only when it is currently not on mortgage payment, and even then one can work with Atlanta bankruptcy attorney to modify these payments outside of the bankruptcy case.

Filing for bankruptcy is not the only mode of making debt payments. It is important to decide which mode to select, based on one's ability to pay. One of them is loan modification. The bankruptcy lawyers can help negotiate with the lenders, to lower car and home payments, and also prevent foreclosure. Another mode that can be considered is debt settlement. When there is simply not enough balance on one's credit cards or medical bills to cover the cost of bankruptcy, debt settlement is an alternative. However, it is important to be careful of companies that claim to take certain items off one's credit report, as they are scams. Sometimes, debt settlement ends up being ineffective, as one ends up paying a part of the lowered payment to the debt settlement company every month, for "negotiating."

14 comments:

  1. A good bankruptcy lawyer can help you determine which sections of personal bankruptcy to file for. They can also give you explanations as to why you should pick the ones they advise. It is always helpful to go with someone knowledgeable in a specific area because you can be sure you can trust his expertise.

    Jaden Allred

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  2. This was a very interesting post. Though I am still going to have to find a bankruptcy attorney in Atlanta. Thanks for the post again though.

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  3. I have been learning about declaring bankruptcy. It is a very interesting topic. I hope that I never have to do it.

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  4. This is a very interesting post.It tell us about how to fill bankruptcy before leap.

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  5. You're absolutely right about bankruptcy being a complicated process and also not the only option. You should meet with an attorney to determine if bankruptcy is a good fit for you. It's not really something you want to make the wrong decision about. It's something you should investigate and think about before you commit to filing.

    Gerald Vonberger | http://www.mercedeschut.com/bankruptcy

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    1. I agree, it's really important to consult with a bankruptcy attorney before deciding to file for bankruptcy. There are some people who shouldn't file for bankruptcy, even if they think they need to. Filing for bankruptcy seems like a process that takes a lot of research before you make a final decision on whether it's something you should go through with.
      http://www.tblakelaw.com/services/

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  8. One of my cousins is about to file for bankruptcy. Before she does it, she is going to hire a bankruptcy lawyer. That way, the lawyer can help her throughout the entire process. I'm sure that everything will work out for my cousin in the end. http://www.thomasdenarobankruptcylaw.com/Bankruptcy-Law-Bronx-NY.html

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  9. I definitely makes sense to get all the information about your particular bankruptcy you can before making a decision. It's something that will have far-reaching effects, so you want to make the right decision. I think it's good to consult an attorney so you can get an informed opinion about what would be the best resolution for your financial issues. http://www.severlegal.com/chapters.html

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  11. Hello,
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