If your credit cards are completely tapped out and you have mountains of debt piled up, it's probably too late to try and give you financial advice. It's a good idea to exhaust all of your options before filing bankruptcy. Before filing, try and cut your budget to a minimum by slashing unnecessary expenses. Also, you can try and negotiate something with your creditors as long as they will accept payments without piling on interest to the balance. Some credit counseling agencies try and consolidate debts with all the creditors, lowering the monthly payment amount. The most important thing to remember is if the creditors won't work with you by freezing your interest rate, you'll never be able to catch up. When it comes to credit card debt, it's the interest that usually kills most consumers. Only making minimum payments usually pays interest only, never allowing the balance to go down. Filing for bankruptcy is a big decision and if you have exhausted all your options, you probably have no other choice.
The U.S. Congress made the legal process of bankruptcy to Americans, whether they are single or married. It was created to help good people deal with a large amount of debt that they cannot pay. In a bankruptcy filing, the court will appoint a bankruptcy trustee to oversee the case. The trustee will be responsible for managing the estate by distributing all non exempt property to creditors and eliminating the remaining unsecured debt. When the bankruptcy petition is filed, the court imposes the automatic stay. The automatic stay will stop creditors from harassing the debtors by stopping all collection efforts on the debt. During this time, creditors will not be able to contact the debtors without a relief from stay from the bankruptcy court. This is a powerful benefit to debtors filing bankruptcy to give them breathing room.
Being in the process of filing bankruptcy can be complicated. If you're insecure about having to fill out the pile of bankruptcy forms, you should consider consulting a bankruptcy attorney in your area. It's easy to download the forms for free online, the problem is, getting them filled out correctly. A bankruptcy attorney should be familiar with the exemption laws for your state and know of any landmines that might be required in your specific district. The downside to this is the cost. A bankruptcy attorney for simple chapter 7 usually runs around $1500. To someone filing bankruptcy, this could seem like one million dollars. If you consider the amount of debt that is being wiped out, this actually could be quite a deal. Using a bankruptcy attorney, you can be confident that you have nothing to worry about when going to court. They will let you know what to expect and how long the whole process will take.
People in the US have been so accustomed to a high standard of living, that they have found out the only way to achieve this lifestyle is by credit. It's easy to understand why so many Americans are considering bankruptcy. When debts reach levels of where they can't even pay the interest, there is no other alternative. Filing for bankruptcy can be an exciting time for the debtor, because of eliminating large amounts of debt, and giving them a second chance with a changed attitude to live debt free and save.
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