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Complete Bankruptcy File $30
All of your Official Bankruptcy Records with your Discharge, and a Docket Report confirming your records are complete.
Schedules Pkg and Discharge $25
Includes your List of Creditors and all Schedules (A to J), your Voluntary Petition, and your Discharge or Dismissal.
Bankruptcy Discharge Papers $10
Get your Official Federal Bankruptcy Discharge Papers (or Dismissal) emailed to you within 1 business hour.
Bankruptcy Docket Report $10
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Learn The Pros and Cons of Filing Chapter 7 Bankruptcy Below ...

The Advantages and Disadvantages of Chapter 7 Bankruptcy

Let's Take A Deeper Look

After a bankruptcy in Chapter 7, the debtor can cancel his debts and start over. While the process can often be humiliating, debtors generally should not be embarrassed for good reasons. People declare bankruptcy because they lose a job, have high medical bills, their home is devalued due to the economy, family problems and other reasons. All of these reasons and sometimes just bad luck can happen to almost anyone.

Sometimes creditors can only be told that you are considering Chapter 7 bankruptcy, especially if you hire a bankruptcy lawyer. This can help to persuade stubborn creditors to make more reasonable comparison offers. If no agreement can be reached, there are some advantages and disadvantages of filing a chapter 7.

Difference Between Chapter 7 and Chapter 13 Bankruptcy

Benefits Of Filing For Chapter 7 Bankruptcy

Quick Process: To submit a Chapter 7, you must complete a recognized credit counseling course, submit a petition, and attend a creditors meeting. If all goes well, meaning that the creditors will not object, the entire process takes about six (6) months. At the end of the six months, the debtor will normally be released from the debts he has filed in the bankruptcy petition. No time is wasted on making long term payments. Most creditors have no objections.

Less costly: the process is less expensive than a Chapter 13 or comprehensive debt advice. The main costs are administrative costs and costs for your bankruptcy lawyer.

The attorney is paid to review your financial affairs, to ensure that the petition contains all the necessary information, to deal with all issues raised by creditors and trustees, to attend the creditor meeting with you and to ensure that it is followed up with the petitioner Discharge.

The lawyer will also explain your options after the bankruptcy, such as the steps you can take to get your credit back on track.

The debts are settled: this means that you owe no debt to the debtors. You can concentrate on earning income and using the money you earn to pay for your necessary bills. Canceled debt is your chance to start over.

You can reaffirm your debt: If you have a car or asset that you really want to save, you may be able to reaffirm it. A reaffirmation agreement means that you keep your car (or other asset) but continue to pay the monthly payments and arrears.

Reaffirmation agreements are generally only used for commitments where the creditor has a hedging interest in the item and you really need the item (such as the vehicle) to operate or work.

Fewer hearings: A Chapter 13 bankruptcy lasts three to five years. It may also require other audiences than a creditors' meeting as creditors, especially those with a guaranteed interest in the property, are more likely to play an active role in monitoring or reviewing their debt settlement plan.

In addition, in Chapter 13, you must work with a trustee for three to five years. Bankruptcy under Chapter 7 is usually just a hearing: a meeting of creditors. And the meeting is usually very short.

There is no salary garnishment: Since your debts are paid, creditors generally have no right to take your wages because you do not owe the money.

Disadvantages Of Filing For Chapter 7 Bankruptcy

Bankruptcy damages your credit and means you can lose some of your assets. Before filing for bankruptcy under Chapter 7, debtors should seek debt settlement and debt counseling options to see if there is a way to avoid formal bankruptcy. Debtors should consider Chapter 13 if they have a house or car they want to keep, and Chapter 7 is not an option.

Personal Embarrassment: Bankruptcy can be a degrading process. Most people who file have good reasons for doing so, but still believe that bankruptcy has a social stigma. They fear that family members, friends, neighbors and colleagues will find out what they have submitted and this can make many people feel uncomfortable.

You cannot save your home: The main concern of most debtors is where they will live. If they own a house and their exemptions are insufficient to save it, the house must be sold and the debtor must find a new place of residence.

You cannot always save your car and other secure assets: Anyone who has a security interest in your car, tools, or other assets will try to reclaim their money, just like a mortgage lender.

The way they do it is to collect their collateral and sell it. If you cannot sign a reaffirmation agreement and your vehicle or asset is worth more than the exceptions granted you, you will lose the vehicle or asset.

In the end, you will have to accept both the pros and cons of Chapter 7, but the end result of a new start will greatly overcome the disadvantages, as you will be able to really get your life and finances in order.

   Top 7 Suggested Articles:

•   How A Docket Report Protects You
•   Settling Medical Bills With Chapter 13 Bankruptcy
•   Bankruptcy Public Information
•   Getting Out Of Debt Without Filing Bankruptcy
•   How to Request a Hardship Discharge From Bankruptcy Court
•   Bankruptcy Records
•   Bankruptcy Discharge Papers

Disclaimer: This Content Does Not Constitute Legal Advice

This article is for informational purposes only and should not be construed as legal advice. Consult with a licensed bankruptcy attorney if you are considering bankruptcy, or other competent counsel before pursuing the subject matter of this article. Collection laws vary from state to state.

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