What Steps To Expect In Bankruptcy

: Reese Baker & Associates

  Filed under: bankruptcy

The bankruptcy procedure might be scary to those who are unfamiliar with it. The bankruptcy process, which is commonly misunderstood as a result of poor financial management and irresponsibility, is actually intended to assist residents. The provisions of bankruptcy were created to help people who had been through extreme financial difficulty get back on their feet.

The first step in making any major decision is to educate yourself. Learning more about the steps of bankruptcy will help you make an informed decision about your debt relief options.

1. The debtor files a petition with the bankruptcy court. The petition is a lengthy document that goes into considerable depth about your financial status. On the petition, you will be requested to list all of your debt accounts, incomes, assets, and personal property. As you establish a strategy, the court will use the petition to determine your eligibility.

2. The debtor produces a list of all of his or her assets as well as his or her liabilities. All of your personal belongings and valuables are described in great detail in the petition materials. This encompasses everything from your bank accounts to your household products, as well as objects you utilize for business or recreation, as well as significant items like your automobile and home. To summarize your outstanding sums, your debt responsibilities, which include interest charges, are listed.

3. The debtor must report any recent financial transactions. In the days preceding up to a bankruptcy petition, it’s vital to avoid making large, unnecessary, or irregular financial transactions. The court will be interested in knowing where and why you spend your money. Spending too much money before filing for benefits may prevent you from receiving benefits or cause you to be accused of being dishonest. It’s vital to be open and honest during your bankruptcy process.

4. The debtor proposes a plan of liquidation and/or reorganization to the creditors. You must create a repayment plan to reorganize your debts in a Chapter 13 bankruptcy. The repayment plan is determined by the petitioner’s financial obligations in relation to his or her assets and income. This data is used to create a monthly payment that will pay off the outstanding obligations at a pre-determined amount that you should be able to afford.

5. The debtor’s petition is heard by the bankruptcy court. Creditors have the option to ask questions or express concerns at the hearing. The court will determine whether to approve a Chapter 13 repayment plan or a Chapter 7 liquidation.

6. The bankruptcy court issues an order granting or denying the debtor’s request for a debt discharge. Any leftover payments are no longer collectible and the creditor is unable to collect in the future if your obligations are satisfactorily resolved. To put it another way, you are no longer responsible for the loan.

If you have questions about bankruptcy or want to know whether bankruptcy can help you get out of debt, consult a Houston bankruptcy lawyer.