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A Hard Situation Called Bankruptcy
By plrprousers | June 23, 2009
Bankruptcy is a legal proceeding in which a debtor declares his or her inability to pay consumer or business debts as they become due.
You may find yourself in such dire financial condition that you truly feel there’s no way out, short of filing bankruptcy. There are surely cases where filing bankruptcy is your best or only option. However, bankruptcy is a serious situation which requires considerable research and thought before you proceed. Recent changes to bankruptcy laws have made it more difficult for an individual to file for bankruptcy. The law is quite complex and there are many caveats, which exclude certain types of debts from being discharged. For these reasons, you’ll want to get some straight answers to bankruptcy questions before you commit yourself in court. Let’s take a look at some situations that may apply to your case.
There are several types of debts which the court may not allow to be discharged in your bankruptcy filing. For example, if you have obtained a government funded or guaranteed loan for education, you will still be required to repay this debt. If you owe alimony or child support, the court will not discharge this obligation. Certain debts owed for injuries or death as a result of a DUI will also stand after bankruptcy. In some cases, condominium fees you owe will also not be discharged. There are also tax claims which are not dischargeable. You can see that having all of these debts may make your bankruptcy pointless. This list is certainly not comprehensive, so you’ll do well to consult an attorney or simply do some research on getting some of your answers to bankruptcy questions before you incur yet more debt.
Many people facing bankruptcy erroneously assume that they are allowed to keep vehicles which are financed, as your transportation is essential. This is no longer true. If you have a couple of vehicles for your household which are financed, the lender has the right to repossess both vehicles. Bankruptcy will not protect you.
Another common thing is if you are paying a mortgage on your home, the debt also survives bankruptcy.
Regardless of bankruptcy your creditors have the right to challenge you in a separate court proceeding on a debt which they feel they should be allowed to collect. They can sue you to validate their claim.
If you’re considering bankruptcy, do your research and get all of your answers to bankruptcy questions, before you opt for filing. There are many other options that may well serve you better.
Article by Chris B, you can find more about him on his profile.
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