Wednesday, February 20, 2008

Personal Bankruptcy

Is bankruptcy an option?
This is something that you should really only consider as a last chance option. Although it is possible to declare bankruptcy and still rebuild your life afterwards, you need to know the full truth before you make any solid proceedings in this direction.
Bankruptcy should never be a first option for anyone looking at debt and credit problems, it should always be a last option. And even then you need to be completely certain that you are willing to take that last step and deal with the consequences that will follow. So, now that I have hopefully given you an idea of how serious you need to be to even be considering bankruptcy as an option, we can take a look at it with due seriousness.
Bankruptcy
What does bankruptcy mean, and how does it affect you. Well, to begin with, you need to find out the pertinent details about bankruptcy in your own area/ state/ country.
The laws change from place to place, and before you look to file bankruptcy proceedings, you should ideally check things over with a lawyer or other such professional, to find out where you will stand after filing for bankruptcy.
The long and short of it though, is that once you file for bankruptcy, your creditors etc, will not be able to ask you for monies, or otherwise, owed to them. This is generally known as a 'stay', as in a stay of all proceedings against you, which means that your creditors cannot take action against you.
Once proceedings have moved along and you have been declared bankrupt according to the laws of your state or country, matters will then depend on what type of bankruptcy was declared to begin with. As I said, all laws regarding bankruptcy vary from place to place, but the there are generally two different forms of bankruptcy filings available to individuals, families etc.
For businesses, the forms of bankruptcy and the outcome of what they have to do, is different. You should ideally check with a qualified person dealing with bankruptcy for more information on these. You will have been required to declare at the time of filing for bankruptcy, your debts and any assets which you posses.
Generally, you will find that once you have been declared bankrupt, you are discharged from most of your debts, however, some debts will remain depending on the type of debt it is, for instance child support.
Your assets, those which are not exempt from being liquidated that is, will be sold off to discharge your debts. And depending on the state/ country etc, you will not be able to file for bankruptcy proceedings again for a certain number of years.
If you are thinking seriously about filing for bankruptcy, you should really get in touch with someone who knows what they are doing on this front, and get some qualified professional help to get you through the entire procedure.
Remember that you need to have everything in order, and that you cannot be found to be 'concealing' any debts or things, as this can be constituted as fraud. There are many things that you should learn about, before you file for bankruptcy, the least of which, is what happens to you after you have been declared bankrupt.
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Article Source: http://EzineArticles.com/?expert=Sarah_BB

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