Good Fences And Not So Good Neighbors: Property Law 101

A Few Answers To Common Bankruptcy Questions

17 November 2017 by Hunter Moore

When you are looking at your options for finding relief from unsustainable bills and debts, bankruptcy should be an option that is seriously considered. While this type of legal filing will often have a bad reputation, it can provide individuals with essential protection if they find themselves overwhelmed by their debts.

Can All Of Your Debts Be Wiped Away By Filing For Bankruptcy?

While bankruptcy protection is designed for individuals that have amassed more debts than they can pay, it should be noted that not every type of debt will be covered in these filings. More specifically, individuals will find that tax debts, student loans and secured debts may not be able to be wiped away. In these situations, the attorney will generally negotiate with the creditors in an attempt to create a repayment plan that will allow you to pay off these debts without crippling your financial health and stability.

When Will Collection Actions Stop?

The relentless collection actions that those facing large debts may face can be irritating and rather overwhelming. Not surprisingly, the aggressive collection actions by their creditors may be the thing that finally persuades them to seek bankruptcy protection. Fortunately, you should be relieved to know that filing for bankruptcy protection will afford you an immediate reprieve from any collections actions or other steps that were being taken against you. If the creditors contact you attempting to collect on the debt, you can simply refer them to your attorney as it is illegal for collections to continue while the bankruptcy proceeding is in progress. There are very strict consequences for creditors that fail to honor the court order preventing them from continuing collections. In fact, if creditors knowingly and persistently violate this provision, they may find that their claim to the debt is voided by the court.

Does It Matter What Type Of Bankruptcy You File?

Individuals that have never seriously considered filing for bankruptcy may assume that all of these filings are basically the same. Yet, there are major differences among the various types of bankruptcy protection. For example, individuals will often associate the liquidation of all of their assets with bankruptcy protection, but liquidations are typically only done under a Chapter 11 filing. In contrast, those that are able to make payments on their debt may qualify for a Chapter 13 filing. This filing will restructure the payment terms of the debts to allow the debtor to repay their creditors over a period of time.

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