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Listed
below are quotes from the Federal Trade Commission
on Bankruptcy.
"Personal bankruptcy generally is considered
the debt management option of last resort because
the results are long-lasting and far reaching. People
who follow the bankruptcy rules receive a discharge
— a court order that says they don’t
have to repay certain debts. However, bankruptcy
information (both the date of your filing and the
later date of discharge) stay on your credit report
for 10 years, and can make it difficult to obtain
credit, buy a home, get life insurance, or sometimes
get a job. Still, bankruptcy is a legal procedure
that offers a fresh start for people who have gotten
into financial difficulty and can’t satisfy
their debts.
There are two primary types of personal bankruptcy:
Chapter 13 and Chapter 7. Each must be filed in
federal bankruptcy court. As of April 2006, the
filing fees run about $274 for Chapter 13 and $299
for Chapter 7. Attorney fees are additional and
can vary.
Effective October 2005, Congress made sweeping changes
to the bankruptcy laws. The net effect of these
changes is to give consumers more incentive to seek
bankruptcy relief under Chapter 13 rather than Chapter
7. Chapter 13 allows people with a steady income
to keep property, like a mortgaged house or a car,
that they might otherwise lose through the bankruptcy
process. In Chapter 13, the court approves a repayment
plan that allows you to use your future income to
pay off your debts 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.
Chapter 7 is known as straight bankruptcy, and 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.
The new bankruptcy laws have changed the time period
during which you can receive a discharge through
Chapter 7. You now must wait 8 years after receiving
a discharge in Chapter 7 before you can file again
under that chapter. The Chapter 13 waiting period
is much shorter and can be as little as two years
between filings.
Both types of bankruptcy may get rid of unsecured
debts and stop foreclosures, repossessions, garnishments
and utility shut-offs, and debt collection activities.
Both also provide exemptions that allow people to
keep certain assets, although exemption amounts
vary by state. 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 security lien on it." |