Bankruptcy filings can accomplish many things.
Filing a petition for bankruptcy is a federal legal process that allows debtors (those who owe debts) to eliminate (“discharge”) their personal liability on or “reorganize” their debts.
Not all debts are dischargeable.
But most are.
See more: Which Debts Can Be Discharged?
The bankruptcy laws are designed to balance the interests of debtors in achieving those debt relief goals with the rights of creditors (those to whom the debtors owe money) to get paid. In general terms, bankruptcy filings allow those unable to pay for lack of means to be excused from debt payments.
It allows others with some means to pay a portion of their debts.
Stops Debt Collection Actions and Harassment
A primary and immediate benefit filers get is bankruptcy protection in the form of the automatic stay.
The automatic stay is a federal injunction.
It prohibits creditors and collection agencies from taking any actions to collect against the debtor or property owned by the debtor.
This includes foreclosure, repossession, wage garnishment, bank account seizures, phone calls, etc.
The automatic stay remains in effect as long as the bankruptcy case is open (with some exceptions).
And it becomes permanent once a bankruptcy discharge is granted.
Keeping Your Property – Exemptions
Exemptions determine the value in certain assets you are allowed to “keep” in any bankruptcy case.
You are allowed to keep all your property in Chapter 13 bankruptcy cases (see Chapter links below) but exemptions will partially determine how much your monthly payments should be over time.
In Bankruptcy Chapter 7 your exemptions will determine which assets you can keep. Most Chapter 7 Bankruptcies are referred to as “no-asset” cases. This means that all of the debtor’s property is exempt. Most people do not have to surrender any property in Chapter 7.
An experienced bankruptcy lawyer will be able to maximize your exemptions, and in most cases, this will enable you to keep all your assets/property.
See more: bankruptcy exemptions
Liens are rights that creditors have against specific property (as distinguished from rights against the individual debtor).
They can be created voluntarily (such as a mortgage) or involuntarily (such as by judgment after a lawsuit).
Involuntary liens can be removed if certain mathematical criteria are met regarding the value of the property, amounts of other liens against it, and the amount of exemptions available on that particular asset.
Voluntary liens usually cannot be removed, except that if the lien is wholly unsecured (meaning the value of the property is less than the amount owed to any senior liens), it is possible to remove the lien in Chapter 11 or 13 cases, assuming other requirements are met.
Removing Judgment Liens in Bankruptcy
Removing Mortgage Liens in Bankruptcy
Zero Percent Interest Payment Plan
There is much, much more bankruptcy can do.
If you have too much disposable income to file for bankruptcy under Chapter 7, you can possibly do a zero percent or very low percent interest repayment plan in a Chapter 13 bankruptcy petition. Your debt repayment plan won’t necessarily force you to pay off 100% of the amount you owe. In most cases, you pay back only a fraction of the debt.
This is almost guaranteed to be a better deal than negotiating with your creditors outside of your bankruptcy case.
On bankruptcy repayment plans.
On the different bankruptcy chapters
On the different bankruptcy options
The above lists just a few of the benefits of a bankruptcy filing.
There are many more.
The best way to find out which bankruptcy chapter(s) you qualify for, and how your situation is helped if you file bankruptcy, is to have a no-obligation, free legal consultation with one of our experienced Phoenix bankruptcy attorneys.
Our Phoenix bankruptcy attorney will ask you to provide detailed bankruptcy information on your income, expenses, assets, and debts, as well as other key data and discuss your bankruptcy options. He will also review the bankruptcy process for your situation.
See more on what to look for when choosing bankruptcy attorneys.
See Feeling Guilty About Bankruptcy?