Applying The Bankruptcy Protection Laws To Your Advantage
Article by Jon Arnold
Applying The Bankruptcy Protection Laws To Your Advantage by Jon Arnold
in Finance (submitted 2009-08-20)
There may seem to be a great deal of ads for bankruptcy protection, few people truly recognize what comes about or what their rights are. There are numerous television commercial messages and billboard ads that show that you can simply walk away from your financial obligations and from your troubles. But as most people knows, if it appears too good to be true then it likely is. Even though personal bankruptcy is perfect for many people, there are nevertheless numerous aspects that must be recognized so as to ensure that a consumer is genuinely making the correct conclusion for their financial position.
The first thing to remember is that you should always get an experienced personal bankruptcy lawyer so that your personal bankruptcy goes through without a trainload of problems. It is essential to ensure that your case is presented to the court that deals with bankruptcies in the correct light. If the case is not presented in the proper manner your personal bankruptcy petition could be denied and the money you spent filing is gone. After the court approves the bankruptcy you are now under the protection of the bankruptcy regulations.
The bankruptcy protection laws are meant to protect the person filing personal bankruptcy so that they are not harassed, sued, or in any way asked for payments from their creditors. In the beginning stages, until the bankruptcy is discharged the creditors are not allowed to telephone or collect on the debt they have with the person, even if it is a bankruptcy Chapter 13. There are laws in place that dictate that a person who filed for personal bankruptcy is not allowed to receive phone calls asking for money or have legal action, such as law suits or judgments, filed against them.
All collection attempts must stop until the personal bankruptcy courts state that it is okay to resume. This could be a couple of months from the date the bankruptcy was filed to a few years. Every case is distinct so there is not a clear-cut answer for how long a person will have the bankruptcy protection surrouding them. The several components include the personal bankruptcy Chapter filed, the state the bankruptcy is registered in, the disputes of creditors and other issues that could arise.
The foremost thing to do when thinking of filing bankruptcy is to get a free consultation with a personal bankruptcy lawyer. He or she will help to walk you through the processes. After the well-qualified bankruptcy lawyer considers your bills and your debt, they can give a rough estimate of the timeline you will be considering. Other services they could provide should not be discounted, such as suggesting what choices you might have, and steps you might want to consider taking if you do indeed determine to file.
By realizing what to anticipate, you can better prepare yourself and realize what you will be facing. Also ensure that you find out how the laws are in your favor and what you can do if you continue to receive harassment from a creditor after they have been given notice that you have filed personal bankruptcy. The laws of bankruptcy protection are there for you to ensure that you know what your rights are.
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