What is a bankruptcy and how can it help me?
A bankruptcy is a legal proceeding in federal court. Its function is to relieve people with debt of their obligation to pay certain debts and to distribute assets, if any, to their creditors. The paperwork involved in filing a bankruptcy consists of a petition and schedules. The petition notifies the court and your creditors of your intention to seek court ordered protection and relief from your financial obligations by filing bankruptcy. The accompanying schedules provide the court with an itemized list of your assets and your debts. Upon the filing of a petition, the court grants an automatic stay. The automatic stay acts as an injunction or a restraining order to prevent your creditors from bothering you. Once the case is filed, your creditors cannot call you, sue you, garnish your wages, disconnect your utilities, or harass you in any way. If your utilities have been disconnected, we will make sure that your electric, telephone, and/or gas service is immediately reconnected.
What are the most common forms of consumer bankruptcy?
There are four types of bankruptcy that are available to individuals, depending upon their specific circumstances. The most common forms of consumer bankruptcy are Chapter 7 Bankruptcy and Chapter 13 Bankruptcy. A Chapter 7 Bankruptcy is a discharge of debts and a Chapter 13 Bankruptcy is a payment plan. A Chapter 11 Bankruptcy is a business reorganization and a Chapter 12 Bankruptcy is a bankruptcy specifically for family farmers.