Scenarios In Which You Might Want A Bankruptcy Attorney Jacksonville
Dealing with debt is never easy, and if you’ve gotten in over your head, there is an option. But you’ll probably want to consult with a bankruptcy attorney Jacksonville before you consider filing, because there are a lot of things to know about the process. The right lawyer can shepherd you through the entire procedure and allow you to focus your attention on getting back on your feet.
There are more than two options for filing bankruptcies, but most individuals file under one of two chapters. Other chapters are for less-common situations, and are not what most people need, including options for family farmers and municipalities. Usually, people will use either Chapter 7 or Chapter 13.
Often referred to as liquidation bankruptcies, filings under Chapter 7 involve seizure of most of the debtor’s property in exchange for wiping out most types of debt. Unsecured debt such as credit cards are the main items affected. The things you can keep after a Chapter 7 filing are dictated by state law, and include personal possessions such as clothing and furniture.
If a person filing under Chapter 7 wants to keep an unsecured asset, such as a car they are still paying off, a formal agreement can be made between the lender and the debtor in order to exclude this property from the filing. In exchange for continuing to receive payments on time and in the proper amount, the lender agrees not to repossess the vehicle.
Chapter 13 bankruptcies are often called ‘wager earners’ plans’ because they allow the debtor to keep his or her property in exchange for making certain monthly payments on time. A certain amount of disposable income is required each month in order to be eligible for this plan. During this type of filing, the court decides what the person can afford, what the creditors would have received if the debtor had filed under Chapter 7, and more, in coming up with the required monthly payments.
Foreclosures can be halted by filing under Chapter 13, which is one reason that people do so. However, this will not affect foreclosures that were completed before the date of the filing. Additionally, he or she must make any mortgage payments that are due on or after the date of filing, or the foreclosure process may legally be restarted.
Not all types of debt are equally vulnerable to bankruptcies. Secured debt can be wiped clean, but the secured item (house, car, boat, etc) is generally repossessed. Student loans are difficult to wipe out through these proceedings, because to do so, the debtor must convince the court that there is little chance they will ever be able to pay. Consult with your bankruptcy attorney Jacksonville for more information.
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