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Eliminate Debt
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This process of wiping the slate clean is called a discharge of debts. The
goal of a discharge is to reduce debt to give you a fresh start. Whether it
is through straight bankruptcy (Chapter 7 Bankruptcy) or through
reorganization (Chapter 13 Bankruptcy), most or all of your debts can be
cleared.
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Stop Foreclosure
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If your home is in foreclosure, Chapter 13 Bankruptcy will stop the
foreclosure any time prior to the sale. Bankruptcy does not eliminate
mortgages on your property without payment. Rather, bankruptcy will structure
a plan in order to repay your mortgage arrears (the amount that you are
behind).
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Prevent Repossession
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Even if the creditor has repossessed your car, filing bankruptcy can effectively
force them to return your car or other personal property (if the bankruptcy
is filed quickly enough). The past payments you have missed will be
consolidated into your Chapter 13 Bankruptcy plan. After this you will no
longer pay the finance company, rather you will make monthly payments to the
trustee of your Chapter 13 Bankruptcy who will then pay the finance company.
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Reduce/Eliminate Medical Bills.
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Sometimes an unfortunate accident or major recently discovered illness can
completely ruin a family. Many families have to make choices on allocation of
bills. Often, bills that were once important become insignificant to the
large medical bills acquired by a loved one. Filing Chapter 7 Bankruptcy can
greatly reduce the amount of medical bills.
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Loss of Employment.
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Studies show that loss of work is one of the most common reasons people
file for bankruptcy. This is very easy to see. A family can get comfortable
on two maybe even one salary. They can take on regular amount of debts, join
clubs, and pay normal bills with relative ease. All of a sudden one or both
spouses lose a job and a family must go from two salaries to one. Losing a
job is closely tied to high medical bills. Losing a job means this family may
be left without the protection of insurance that was once provided by their
employer. Often times these two factors combined create an almost impossible
mountain to climb without the help of bankruptcy.
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Stop harassing behavior from creditors.
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Some creditors do not always take the right course of action when
attempting to collect a debt. Often, creditors will persistently call the
home of a particular debtor with demeaning and abusive behavior. Not only is
this unethical it can rise to the level of unlawful. In essence, bankruptcy
will put on hold the demands of many creditors and stop the harassing phone
calls and other inappropriate behavior all together.
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Restore / prevent utilities from being shut off.
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As you have probably seen many of these reasons overlap. Some lead to
another. If your home is in risk of foreclosure then your utility bill may
also be in risk of being terminated. Filing bankruptcy can prevent the
utility company from leaving you in the dark.
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Provide help for large amounts of student loan debt.
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While it is true that your student loans will not be eliminated like
several other types of unsecured debt, bankruptcy can consolidate your
student loan debt. This consolidation will allow a debtor to make monthly
payments through Chapter 13 Bankruptcy that are within the financial ability
of the debtor.
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End Wage Garnishments.
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Chapter 7 Bankruptcy will stop wage garnishment. Wage garnishment
basically takes away your weekly earnings often times leaving you without
necessities. Chapter 7 Bankruptcy allows you to purchase necessities for you
and your family. Chapter 13 Bankruptcy will also help in this regard.
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Challenge certain claims of fraudulent creditors.
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Bankruptcy will allow you to challenge these claims from creditors who are
trying to collect more money from you than you really owe. An attorney can
provide the support and the backing you will need to step up to these
creditors. Attorneys often even the playing field between a big creditor and
a single debtor. Filing bankruptcy with an attorney can stop fraudulent
reporting by a creditor.
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Understanding your options and formulating a plan to deal with your debt is
the first step to getting your life back.
Attorneys are trained to help guide you through the process, be it debt
consolidation or bankruptcy. Often,
there are strict guidelines and restrictions you should be aware of and an
attorney will make sure everything is done correctly. Bankruptcy isn't something you should go
through alone.