Law, How To Navigate The Complexities of Bankruptcy Law


by Jon Arnold - Date: 2009-05-10 - Word Count: 574 Share This!

Bankruptcy law is perpetually evolving even though most of its rules and regulations are mostly not affected by this continual stream of changes. Did you know that many states actually have their own particular bankruptcy laws in place? These laws help to decipher the ways people file for bankruptcy, but if this is in conflict with the federal law then federal law will prevail. What this means to you is that you will not have any advantage if you file for bankruptcy in another state than the state in which you normally reside. In fact, most states do not allow you to file in a state other than the one you reside in.

Let's take a good look at the current bankruptcy laws. The law consists of three main areas within which business and consumers are grouped. The Chapter 13 bankruptcy law is pertinent to individuals with limited resources with which to settle their existing debts and it would take them approximately three to five years to settle these debts. Chapter 7 is a more intense bankruptcy law. Under this law, the consumer must clear debts that would not be possible to pay off otherwise. This is much more serious than Chapter 13 as the process requires the individual's assets to be liquidated in order to pay off the existing debts. Nevertheless, the current bankruptcy laws require, despite the various Chapters you can utilize to file for bankruptcy, that a number of financial obligations must be met and can't be discharged when you file for bankruptcy. If your debts fall under this heading then you would get small benefit by filing for bankruptcy as the current laws are going to make bankruptcy less of a viable option in assisting you with your debts.

You must also look at the types of debt that you have, as there are certain types of debt that cannot be discharged through any chapter. Still, it's a good idea to explore as much as you can on the variations of the current bankruptcy law so that you can learn how to put these laws to good use and to your advantage. However, this is often harder than it appears and the bulk of individuals who file for bankruptcy will discover the journey hard going.

Consequently, it probably makes a lot more sense to seek the aid of a professional who is experienced and qualified in the area of bankruptcy law. This would normally be in the form of a bankruptcy attorney who specializes in this area and who will help you in determining the most appropriate course of action to suit your situation.

The fact is that filing for bankruptcy is a very drastic decision and it must only be considered after you have exhausted all other options for paying or clearing your existing debt.

You might also want to consider using financial assistance from debt consolidation companies or getting guidance from a debt specialist than automatically deciding on bankruptcy. If these avenues have been researched to no avail then you need to hand over the reins to somebody who understands the complexities and consequences of filing for bankruptcy and the laws that govern the process. For more insights and additional facts about how understand the complexities of Bankruptcy Law as well as being able to get a free bankruptcy evaluation from a qualified bankruptcy lawyer who is in your area, please visit our web site at http://www.bankruptcy-data.com


Related Tags: bankruptcy law, bankruptcy advice, declare bankruptcy, file for bankruptcy

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