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Bankruptcy: Some Things You Should Consider Before And After You File

Apr 18, 2008
Bankruptcy may be termed as a situation when a person is not able to pay his debts due to lack of money. The person who is bankrupt for the first time is given a discharge period of one year prior to the date of bankruptcy order but in some cases, the bankruptcy discharge period is less than one year. Bankruptcy has a bad image and is publicly advertised so If you ever face such a situation, then make sure that you look for all possible options to deal with it as soon as possible.

In order to declare a person as bankrupt, it is the duty of the court as they are officially responsible for issuing bankruptcy orders against an individual. Declaring bankruptcy is done either by the individual or any of his or her creditors. After that, the control of various assets and properties is given to a trustee. This will either be a civil servant, an officer appointed by the court or a licensed insolvency practitioner. The person who is appointed is wholly solely responsible for uncovering the debtors liabilities and assets and then enhances the credit return from the available assets under certain course of actions.

Once a bankruptcy order has been issued to you, your creditors should no longer have to chase you for payment as the payment then becomes the responsibility of the Trustee.

While dealing with bankruptcy issues, remember it is not a do-or-die situation as anyone can go bankrupt. Among various proceedings that are involved in bankruptcy, the foremost is to divide your assets equally among all your creditors.

So, there are various procedures for insolvency cases.

How Can You Become Bankrupt?

There are a couple ways by which you can become bankrupt:
* Voluntarily (by debtors themselves)
* Involuntarily (by the creditors)

However, the order of bankruptcy can still be valid if the individual refuses to accept the proceedings or denies agreeing to them. So, it is the duty of the person to cooperate fully when the proceedings for bankruptcy are going on. If you refuse the creditors claim, then you have to reach a settlement prior to the bankruptcy appeal or once the bankruptcy petition is filed, the settlement is very difficult.

Disadvantages of bankruptcy:

* You lose control on your assets.

* Creditors will make it hard for you to re establish credit.

* You will be charged higher interest rates.

* The bankruptcy will remain on your credit report for up to ten years

* You will have a damaged credit rating

Advantages of bankruptcy:

* Release you from overpowering debts so that you can make a new start subject to some limitations.

* Bankruptcy gives peace of mind to the person who is involved and discharge may be one year and in few cases less.

* Bankruptcy allows full investigation of the debtors affairs that are also in debtors interest.

* With few exceptions (such as those ordered in a Chapter 13 plan), creditors have no claim on a debtor's future income or assets. In general, wages, earnings and most property acquired after bankruptcy are not subject to claims of pre-bankruptcy creditors.
About the Author
J Delgado is an expert in helping individuals restore there credit. To find out more about having foreclosures, bankruptcies, late payments and other derogatory items removed from your credit report contact him at creditexpert@scrubyourcredit.com or at: http://www.scrubyourcredit.com
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