How Does Bankruptcy Work?

bankruptcy lawyerBankruptcy

Bankruptcy for many is a scary word. It can be difficult to fully understand the process behind filing for bankruptcy and attempting to get rid of your debt.

When you are not sure whether you should file for Chapter 7 or Chapter 13 bankruptcy, or you are stressed out about minor mistakes that can have your case thrown out of court, it is important to have an experienced bankruptcy lawyer by your side.

Bankruptcy can affect both individuals and companies. As a consumer, you may attempt to get your money back or make a warranty claim for a product or service you were not satisfied with, only to find that the seller has gone bankrupt. Or, you may face bankruptcy yourself. To make the most of either situation, you should know some basic facts about bankruptcy and how it works.

What is bankruptcy?

In the simplest sense, bankruptcy is the declaration by an individual or a corporation, non-profit, etc. that it is unable to repay its debts to creditors. Bankruptcy is governed by federal law, creating uniformity of the law among the states. There are various types of bankruptcy filings and it is important to understand which type of bankruptcy filing is most pertinent to your situation.

How Does Bankruptcy Work?

The primary purpose of bankruptcy law is to provide a debtor with a “fresh start” through which some debts can be paid, restructured or discharged. While considering bankruptcy, it is natural for many new clients to feel anxious about what’s involved in the process of filing a case. Most debtors are looking for relief from their current financial stresses while also concerned about keeping their property. At the initial case review a bankruptcy lawyer will analyze each client’s unique financial situation to determine the applicable use of the bankruptcy code to get the debt relief they desire while trying to preserve their assets.

Should I file for bankruptcy?

Deciding whether to file for bankruptcy is a very important question. Individuals file for bankruptcy as a way to obtain some relief from nearly overwhelming debt. However, there are many other forms of debt relief available and it is useful to explore all your options before choosing to file for bankruptcy. You should seek the advice of an experienced lawyer to determine whether your particular situation warrants filing for bankruptcy.

Can I discharge all my debts through bankruptcy?

While many debts are dischargeable through bankruptcy, there are specific debts and obligations which you will still be responsible for. These include, but are not limited to;

  •     child support and alimony payments
  •     student loans
  •     criminal restitution
  •     debts for personal injury/death resulting from a DUI/DWI 
  •     certain taxes. 

How a debt is discharged will differ depending on whether you file for Chapter 7 or Chapter 13 bankruptcy. An experienced bankruptcy lawyer can help you review which of your debts are dischargeable through the bankruptcy process.

Are there reputable bankruptcy lawyers near me?

Finding a reputable lawyer to handle your case is important. There are many top-rated, highly-referred bankruptcy lawyers. It’s important to do your due diligence in order to find a lawyer whom you are comfortable with and can best serve your needs. The goal is to ensure your bankruptcy process is correct and final.