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Bankruptcy may seem to be the quickest solution to removing your outstanding debt, and bankruptcy attorneys will tell you it will only remain on your credit report for 7-10 years. However, almost all credit applications today ask the question, "Have you EVER filed for bankruptcy?" Even if the bankruptcy has fallen off your credit report, to answer this question untruthfully in considered a federal offense. Bankruptcy is a permanent decision that will follow you for the rest of your like; therefore, it should only be considered as an absolute last resort to solving financial matters.
There are two primary types of personal bankruptcy: Chapter 13 and Chapter 7. Each must be filed in federal bankruptcy court. The filing fees run about $185 for Chapter 13 and $200 for Chapter 7. Attorney fees are additional and can vary.
Chapter 13 allows people with a steady income to keep property, like a mortgaged house or a car, that they otherwise might lose. In Chapter 13, the court approves a repayment plan that allows you to use your future income to pay off a default during a three-to-five year period, rather than surrender any property. After you have made all the payments under the plan, you receive a discharge of your debts.
Known as straight bankruptcy, Chapter 7 involves liquidation of all assets that are not exempt. Exempt property may include automobiles, work-related tools, and basic household furnishings. Some of your property may be sold by a court-appointed official - a trustee - or turned over to your creditors. You can receive a discharge through Chapter 7 only once every six years.
Both types of bankruptcy may get rid of unsecured debts and stop foreclosures, repossessions, garnishments, utility shut-offs, and debt collection activities. Both also provide exemptions that allow people to keep certain assets, although exemption amounts vary. Note that personal bankruptcy usually does not erase child support, alimony, fines, taxes, and some student loan obligations. And unless you have an acceptable plan to catch up on your debt under Chapter 13, bankruptcy usually does not allow you to keep property when your creditor has an unpaid mortgage or lien on it.
Because bankruptcy has such permanent implications, it should only be considered as the absolute last possible resort. Alternatives to bankruptcy are available today through Solve Debts.
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