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Taking it to Bankruptcy Court

Aug 17, 2007
The number of cases that people are filing in bankruptcy court is at an all-time high. With the average amount of consumer debt in the typical American household growing everyday, there is no end in sight.

People see bankruptcy as a new start for those who lost control of their finances due to one reason or another, but they often have no idea about the process that goes into filing bankruptcy or the long-term repercussions of doing so.

This is where bankruptcy attorneys are helpful. Without the help of bankruptcy lawyers, the entire process could be confusing and intimidating for the average person, so hiring help is highly recommended.

The rules and laws of any given bankruptcy court are governed by federal regulations rather than state regulations. While each state has its own laws regarding the process of filing and undergoing bankruptcy procedures, every state must follow the overall guidelines set forth by the federal government.

Once a person has hired a bankruptcy attorney and filed a petition with the courts to have all debts discharged through a bankruptcy, all creditors listed on the petition must cease any efforts to collect debts. The reason for this is that the bankruptcy court officials then handle the matter. If the proceedings are finalized and the debtors are granted bankruptcy, either their assets are liquidated to pay off creditors or they enter into a repayment plan, depending on which chapter of bankruptcy they are categorized in.

The best thing for a person to do when deciding to file bankruptcy is to seek out a bankruptcy attorney. There are many different laws and regulations involved in the filing process. Bankruptcy lawyers are familiar with specifics of the process and help ensure that the court treats the case fairly.

An attorney will also explain your options to you so you can decide which type of bankruptcy you want to file. In addition, they will typically accompany you to the bankruptcy court on your trial date and advise you throughout the entire process. Many bankruptcy attorneys will also put you on payment plans for their services for people who have no money saved for such an event.

Unfortunately, people often abuse the bankruptcy system by being financially irresponsible. More stories are being reported everyday about people who have filed for bankruptcy two and three times because they have learned nothing from their past mistakes.

Because of this abuse, the idea of bankruptcy has acquired a societal stigma that discourages those who truly need the fresh financial beginning that legitimate bankruptcies can provide. One of the advantages of bankruptcy lawyers is that they will accompany you throughout the process and add a sense of legitimacy to your claim.

Bankruptcy court can be an ordeal that takes a tremendous toll on a person, both emotionally and psychologically. Declaring that you have no money and no other options can negatively affect not only the way people view you, it can also have an impact on your own self-image.

People who are deep in debt often put off filing in bankruptcy court until they are certain that there is no other way out of their financial hole because of their pride or because they have simply exhausted all of their other possibilities.
About the Author
Mike Selvon is the owner of various niche portals. Our bankruptcy portal is a great resource for more information on taking debt matters to bankruptcy court. While you are there don't forget to claim your free gift.
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