Is Bankruptcy The Answer To Stop Foreclosure?
In most cases in the United States, bankruptcy may be a solution to get a fresh start when the debtor is unable to pay his financial obligations in full. To find out if bankruptcy may be a method to stop a foreclosure, we first need to know about bankruptcy and the different kinds that make it applicable to your situation.
An overview of bankruptcy
In legal terms, bankruptcy is simply defined as the inability of an individual to pay the creditors. Most individuals, who are unable to fulfill their financial obligation to their creditors, or lenders, file for bankruptcy to get a fresh start from their debts. Another definition of bankruptcy is liquidating the assets of the debtor to release them from their liabilities or financial obligations.
There are two kinds of bankruptcy known in any court system. One is the involuntary bankruptcy wherein the lender or the creditor will file the bankruptcy petition against the debtor in court when they are unable to pay off their debts in full. The reason for this is because the lender will simply try to recoup the amount owed to them by the borrower and try get a marginal income from the amount they have somewhat invested to the debtor.
Voluntary bankruptcy on the other hand is when the debtor initiates the petition on their own. One reason for this is the inability of the debtor to pay off the amount owed to the creditor in full, or will try to get out of the financial obligation by declaring in court their state of financially deficiency.
Bankruptcy chapters
There are two kinds of bankruptcy that a debtor can file in court, a Chapter 7 and a Chapter 13 bankruptcy. Each has their own criteria and processes that fit in the situation of the debtor’s position.
A Chapter 7 bankruptcy opts for the liquidation of the said property to cover the debt to the creditor. Also, by using this method, the debtor will have some of the proceeds left from the sale of the property to start all over again. The Chapter 13 bankruptcy on the other hand is simply reorganizing the debt in which the creditor will give three to five years for the debtor to pay the amount due.
But be warned that not all debts are covered by bankruptcy; common debts that bankruptcy can be a solution for is credit card debts, unsecured loans and medical bills. It is always best to consult a lawyer or a financial adviser when you plan to use bankruptcy as solution to your problems.
Qualification
Chapter 7 and 13 bankruptcy is not as easy as filing it out directly in court. Each has its own intricacies and qualifications that should fit the situation of the debtor. If you are willing to lose all your assets in settling your debt then liquidation through Chapter 7 bankruptcy would be the best option.
But if the collateral is a business property and the status is booming, then it is best to settle for a Chapter 13. If you are lucky, you may get an approval along with a five year extension to pay off the full, or remaining, amount of your debt.
It has also been noted in the US government that anyone who has already filed a Chapter 7 or Chapter 13 bankruptcy within the last 6 years are not allowed to file the same method again.
If in doubt, consult a professional
When in doubt about choosing bankruptcy as the ultimate solution for your financial woes, then it is best to consult a bankruptcy attorney. These professional can provide insights, as well as suggestions regarding possible solutions to your problems.
If bankruptcy is your final option in the matter, then it is best to consult if a Chapter 7 or 13 bankruptcy would suit you best. There are certain prohibitions in law stating that even if an individual files for a Chapter 7 bankruptcy, it is quite possible to retain some, if not all, of their assets. So consulting a lawyer is your best option if you want to make most out of the situation.
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