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Bankruptcy

What is Bankruptcy?

The main thing to note about Bankruptcy filings is that since BAPCA passed in 2005, the filing process has in total become much more stringent. The implementation of BAPCA and the “means test”, changed bankruptcy in that the process has become much more difficult for American consumers to qualify for a Ch.7 filing (essentially scot-free elimination of debts).

Bankruptcy serves a purpose for those that don't have many options available to them. It should typically be looked at as a last resort. However, if you feel it's the only option available to you, here's everything you'll want to know. It has become much more difficult to file for a Chapter 7 and due to BAPCA, most consumers filing for bankruptcy would need to go the route of a Ch.13.

What is a Chapter 7 Bankruptcy?

According to Uscourts.gov, this chapter of the Bankruptcy Code provides for a "liquidation". In other words, the sale of a debtor's nonexempt property and the distribution of the proceeds to creditors. When this occurs the debtor is no longer liable for all debts filed within the bankruptcy and is relinquished of all monthly payments. In lament's terms, this form of bankruptcy forgives your debts granted you relinquish and liquidate all nonexempt properties, which are to be distributed to creditors as needed.

What is a Chapter 13 Bankruptcy?

Uscourts.gov states that a chapter 13 bankruptcy is also called a wage earner's plan. It enables individuals with regular income to develop a plan to repay all or part of their debts. It is different from a Chapter 7 in that the debtor does not get out of debt scot-free and will still be liable for making partial payments of liabilities.

Effects of Bankruptcy

The most notable is that filing for bankruptcy is public knowledge. Therefore, the public can see that you have claimed bankruptcy in the past, even after the lingering effects have disappeared. This can play a role in your future employment, etc.

Bankruptcy has a long-term negative impact to your credit worthiness and it can take anywhere from 7 to 10 years for bankruptcy to fall off your consumer credit report.

1

Impact To Credit Worthiness - Filing for any type of Bankruptcy will negatively impact your credit score and credit report for a long time. The Bankruptcy could stay on your credit report for 7 to 10 years.

2

Public Record - Any bankruptcies that are filed become public record. So anyone that conducts a background check can see that you've filed for bankruptcy (Employers, landlords, etc.)

3

Expensive - Filing for bankruptcy is costly and far from free. In order to correctly process the filing you will need an attorney.

4

Property Loss - You may lose property that you own that is not exempt from sale by the bankruptcy trustee.

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