Bankruptcy Rules
The defining rules are contained in the Federal Rules of Bankruptcy Procedure.
Understanding Bankruptcy Rules Basics
Presently, many people are struggling to get out of debt and credit-yogi.com is here to let you know that there are many options available. You can work your existing loans through a loan consolidation service, or consult with debt management experts. Creditors are often willing to bend their requirements to recoup at least some of their money.
Unfortunately, when all else has failed you may wind up filing for bankruptcy. Bankruptcy can be a surprisingly complex issue, with many rules to follow and options to be chosen amongst. You will probably want to get the best bankruptcy facts you can to effectively begin the process.
Defining The Rules
The defining rules are contained in the Federal Rules of Bankruptcy Procedure, last amended 01 December 2010. It is available online at www.uscourts.gov. Unfortunately, the bankruptcy code is 129 pages long and written in appropriate governmental legal style. If you can digest this document, then you know all the rules. However, it will not offer any advice as to which rules may apply to your specific situation or which choices permissible under the rules would be most beneficial for you. Credit-yogi is happy to facilitate a free no obligation consultation so that you can get the advice you need.
Where to Start
You may wish to start at the table of contents and pick out those sections that seem most applicable to your situation. You might want to skip sections on court procedural rules, eligibility of presenting parties, and court procedures. Parts III and IV contain the bulk of what you may need concerning the claims and distributions to creditors and the duties and benefits assigned to the debtor.
It could be fair to say that most people simply do not have the training or background to get the rules in this manner. In attempting to do so, they could miss or misinterpret many of the rules. Therefore, one may feel that it is essential to turn to some form of professional help.
Sources of Reliable Information
Bankruptcy lawyers, debt management agencies and companies can be an invaluable source of reliable information, which credit-yogi would be happy to connect you with free of charge and without obligation. Public agencies will present the rules in easy-to-understand terms. Debt management companies can do so as well, but watch for any sales twists that those companies may put in to the information. In general, it’s good if those agencies or companies can tell you:
- The differences between Chapter 7 and Chapter 13 bankruptcy.
- Which chapters you may qualify for (qualification to file for bankruptcy is not automatic).
- What are the relative advantages and disadvantages of the chapters for your situation?
- What you can keep and what you will lose.
- The effect of bankruptcy on your credit.
Differences Between Bankruptcy Chapters
It’s good to make sure that you fully understand the differences between Chapter 7 and Chapter 13. These chapters have very different qualification requirements and operate quite differently. They also differ greatly in what you can and cannot keep and how badly your credit will be affected. If you are unsure about anything you hear, it’s good to ask and keep asking until you understand the rules.
Getting the Most Out of a Bankruptcy Consultation
The ultimate step in the process, of getting the best bankruptcy facts, is to consult with a bankruptcy attorney. Reputable firms will offer you a free consultation. If they don’t you probably don’t want to use them anyway. You can also do some research to make sure that the attorney or firm is certified by the American Bankruptcy Institute and has a good record and reputation. As with some debt management companies, be wary if they seem to be making a sales pitch to get you into some sort of standardized service without fully considering what makes your situation unique. If you don’t understand something, you can ask questions and keep asking questions until you understand the answers.
You don’t have to be overwhelmed by all of this. Once you get into the information gathering process, you could be surprised how simple the bankruptcy code can really be when properly explained by a professional. You can then proceed with confidence to pursue filing for bankruptcy.
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