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Wednesday, February 25, 2009

Filing for Bankruptcy: Some Important Things That You Should Know

By Michael Geoffrey

It is not always easy to file for bankruptcy, which in many instances, is something that does not go down too well with a person though realizing that the law does offer you protection in case you do file for bankruptcy will certainly make things a little more palatable for you. So, before you go out and decide to file bankruptcy, there are certain things to take into consideration about how to file bankruptcy.

Remember that bankruptcy should only be turned to as an absolute last option. This is because bankruptcy will affect your credit in a seriously bad way for up to ten years.

Types Of Bankruptcy

Having decided that you are indeed going to file bankruptcy, you next need to consider two important types of bankruptcy that will prove useful to you in your endeavors and which will also come in handy for you regarding how to file bankruptcy.

Most individuals who claim bankruptcy choose to do so under chapter 7 bankruptcy. Some people who would like to file under chapter 7 are not able to due to BAPCPA. This forces some people to file under chapter 13 bankruptcy whether they like it or not.

It is also important to do thorough investigation on the various aspects of bankruptcy if you are seriously contemplating filing. Even though it might not be the most appealing choice, hiring a legal professional to assist you in the bankruptcy process may help you handle things in the best possible way. You should also investigate which lawyer or law firm you want to work with before making a choice.

After deciding which lawyer you are going to be working in conjunction with, speak with them about which chapter bankruptcy is right for you to file under. You need to know exactly what costs will be involved in your claiming bankruptcy. Besides the fees your lawyer will charge you, you will incur fees and charges related to the filing process.

The next thing you will learn about how to file bankruptcy is that you should make it a point to refer your creditors to your attorney who will act on your behalf, and after the attorney has filed bankruptcy, would mean an automatic stay that essentially means that no creditors may contact you regarding your debt.

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