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Personal Bankruptcy Information

WHAT IS PERSONAL BANKRUPTCY?
Bankruptcy is the filing of a petition with the bankruptcy court to obtain protection from collection efforts of your creditors. It is normally triggered when an individual's debts exceed current income and property. At the end of bankruptcy, some or all of the individual's debts will be canceled.

Bankruptcy involves a Federal court proceeding in which the individual's obligations are balanced against his or her creditor's rights. The individual's objective is to reduce or eliminate the debt completely ("wipe the slate clean"). The creditor's objective, on the other hand, is to collect as much of the debt as possible. The bankruptcy proceeding is the forum in which the debtor and the creditor resolve differences.


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Fast Facts about Bankruptcy
There are different types of bankruptcy, which are detailed in our FAQ's section of this Web site. Briefly, consumers can either immediately discharge all of their debts (Chapter 7) or slowly pay a percentage of them off over time as they continue to work and earn income. (Chapter 13) Businesses can enter what's called "bankruptcy protection" (Chapter 11) while they reorganize themselves in a way that's acceptable both to their creditors and to the United States Bankruptcy Court. Bankruptcy law is federal in nature, and therefore is under the jurisdiction of federal law and courts.

Every bankruptcy involves a process by which debts are eliminated. Each bankruptcy takes time and effort, and you must organize your debts concisely in order to have a successful bankruptcy filing. Any licensed attorney specializing in the field of bankruptcy is more than qualified to guide you through this process. Please see our attorney directory to locate an bankruptcy attorney near you!

 

 
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