Law & Legal & Attorney Bankruptcy & consumer credit

Personal Bankruptcy Questions

    What will happen to my home and car?

    • When filing for personal bankruptcy, many people fear that they will lose all of their assets including their cars and homes. When filing for personal Chapter 13 bankruptcy, cars and homes are not counted as an asset as long as the equity of the property and the car loan are filed as being fully exempt. Once the bankruptcy takes effect, the scheduled monthly payments are required to be made for the term of the agreement.

    Reasons for filing for bankruptcy

    • Some people choose to file for bankruptcy after an unforeseen financial crisis has taken place, like a medical emergency that has resulted in high bills, sudden unemployment, or a severe buildup of personal debt. In most cases the debt is too high to pay off in a few years, and can leave a huge burden after an unfortunate situation.

    What debts aren't discharged when filing for bankruptcy?

    • Filing for personal bankruptcy allows for outstanding large debt, generally unsecured debt, to be discharged, with a few exceptions. Debts that are outstanding from Student Loans, Child Support, Alimony, and Income Taxes are not dissolved.

    How long will it take to eliminate my debt and how long will it be on my credit record?

    • After filing for bankruptcy it will take roughly 3 to 5 months for the debt to be discharged from the record. Once the debt has been erased, the bankruptcy filing will stay on record for 10 years. As time passes, the filing loses its significance and the individual gradually becomes an improved credit risk since filing for bankruptcy.

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