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Discussion in 'Credit Talk' started by spyguyjim, Jul 14, 2000.
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I am looking for info on bankruptsy, and if I can file. Specificaly, do I have to pay back the credit card depts. I have already looked at dept consolidation. Now I want to know about the big "B".
Every thing I try to hit on in Jeeves, Like should I file, etc, it shows nothing there, either the sites don't exist or some sort of error when I hit on the link.
I think you will find things MUCH EASIER if when you attempt your next search you spell this word like so - bankruptCy.
You should talk to a lawyer about whether bankruptcy is advisable. As an attorney who represents debtors in bankruptcy, I always tell me clients that it is a last resort and that it will seriously affect their ability to obtain decent credit in the future.
There are two types of bankruptcy that generally apply to individuals with consumer debt. Chapter 7, also called "liquidation", normally involves walking away from all of your unsecured debt. Chapter 13 involves repaying your creditors under a court-approved plan. The repayment may be less than the amount you would have to pay the creditors if you did not file. Chapter 13 has the advantage of carrying less stigma when applying for future credit but it also means you have to pay something, generally over the course of three to five years. It is also more expensive because of trustee fees.
An important factor in deciding whether to file Ch. 7 or 13 is whether you have assets that may not be exempt from being taken by the trustee to satisfy your creditors. In Chapter 7, the trustee may take all non-exempt assets and sell them to pay your creditors. In Chapter 13, exemptions are irrelevant and you get to keep everything.
Some debts not dischargeable under a Chapter 7 may be dischargeable under Chapter 13. This is true in the case of fraudulently obtained credit.
This is a complicated area of the law and there is no substitute for consulting with a lawyer before making the decision to file bankruptcy and what type to file.
This communication is not intended to form an attorney-client relationship and is provided as general information only and may not be appropriate to the particular circumstances of your case.
A good resource for information on bankruptcy is nolo.com. They offer some good info on their site and publish books that explain the process. These books are usually available at the library or bookstore.