Bankruptcy Basics: Answers to Basic Bankruptcy Questions

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What is bankruptcy? When should you declare it and why should you declare it? If you’re struggling with debt and considering bankruptcy, then you likely have questions about the process. Below are some answers to basic bankruptcy questions that individuals commonly ask.

What Is Bankruptcy?

For those who are drowning in debt, bankruptcy serves as a legal life line. Consumers and businesses alike can file for bankruptcy to have debts relieved. The bankruptcy process involves petitioning a court to be released from the liability of certain debts. In a majority of cases, the request is granted, but it’s important to note that not all debt can be dissolved.

Why Should I File Bankruptcy?

Honestly, bankruptcy may not be the solution for every person that visits this website or calls our office. However, bankruptcy can solve many financial problems for individuals, couples or businesses. For example, bankruptcy can stop foreclosure on the eve of your home being sold at the courthouse steps, significantly reduce interest rates paid on car loans, eliminate credit card debt and medical bills, stop wage garnishments immediately, provide relief regarding income taxes, stop harassing collection agencies and the unnecessary accompanied stress, and more.

When Should I File Bankruptcy Or Meet With An Attorney?

The most important piece of information a visitor to this website can learn is that the sooner you meet with a bankruptcy attorney the better prepared you will be to protect the assets that you own and the sooner you may no longer have to spend hundreds or even thousands of dollars paying minimum monthly credit card payments. Equally important is the timing of filing a bankruptcy. Michael J. Benson can file a bankruptcy within a few days, but on average it takes about 2 weeks. In some cases, we may strategically advise you that you will receive certain benefits by waiting a month or more to file your bankruptcy, and Michael J. Benson will be there the entire time.

What Type Of Bankruptcy Should I File?

There are several types of bankruptcy, but only two, Chapter 7 and Chapter 13, that are generally filed by individuals, married persons and small businesses. Chapter 7 is the bankruptcy commonly referred to as a complete bankruptcy or liquidation, and its laws are outlined in Chapter 7 of the United States Bankruptcy Code. A Chapter 13 Bankruptcy is commonly referred to as a restructuring or modification of debt, and its laws are outlined in Chapter 13 of the Code.

How Do I File For Bankruptcy And How Much Does It Cost?

FIRST – Call our offices at (800)-7-Benson to speak to a receptionist to schedule an appointment for your FREE initial consultation with one of our attorneys – we can generally schedule an appointment within a day or two from the time that you call. The receptionist can explain all the fees associated with a bankruptcy including attorney, court and mandatory credit counseling fees. In fact, if you call other law firms, be certain they disclose all the costs required to file a bankruptcy.

SECOND – attend the initial consultation with an understanding of your debts, assets, income and expenses. In order to save you the time and hassle it is not necessary to gather and bring a box full of documents to this appointment, although you may bring any documentation you wish.

THIRD – at the initial consultation you will be told the advantages and disadvantages bankruptcy will provide YOU and your costs to file. You will receive answers to your questions and we will plan the next steps you must take in order to file your bankruptcy as quickly as you wish to proceed – we have clients that MUST be filed within a few days to stop a garnishment or protect their house or car, and some that are advised to wait a month or two to receive certain benefits.

Looking For More Than The Basics?

If you’re looking to learn more than the basics about the bankruptcy process in Illinois or Missouri, be sure to view the rest of our knowledge panel with our bankruptcy apps. Be sure to contact A Bankruptcy Law Firm, LLC for more specific questions pertaining to your bankruptcy case.

Is Bankruptcy the Right Choice?

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