January 20, 2010
Dealing Successfully With Bankruptcy
For some people, but not every one, filing for bankruptcy is a way to get a fresh start from the debts that have been gathering over the years, but this is not something that is automatic. Your financial state, your assets and your liabilities, your income and your monthly expenses are all taken into account, along with the total debt you owe to your creditors. Your monthly income is naturally important, as this is what you will be living on during the period of your bankruptcy.
During this period, you will have no credit, no credit cards, no line of credit, you will live completely on the income you bring in.
You may have seen a credit counsellor before filing for bankruptcy to find out about your financial options, and they may direct you to see a trustee for bankruptcy who will go through your information more thoroughly to see whether you qualify, and whether you will be able to live during this time. Once you have completed the paper work, the information will be filed by your trustee on your behalf at the bankruptcy courts. You may have to attend a meeting of your creditors should they request this so they can understand why you have all this debt, and you may have to be interviewed by the Superintendent of Bankruptcies too, for him, or her to understand your individual situation.
During this period of bankruptcy protection, your creditors will not contact you. If they do, you refer them to your trustee to deal with, and provide them with the appropriate contact information.
You will have to provide monthly statements for your trustee that show your income and your expenses for each month, and if there is any extra income above the level you are allowed by the court, then you will forward a portion of this to your trustee, to divide between your creditors.
Now the length of your bankruptcy can vary, and the whole process undergoes regular changes to this system. Because of the increase in the number filing for bankruptcy due to the economy, the rules and regulations for bankruptcy have become even more strict, and the length of bankruptcy has been extended too in some areas. Your time in bankruptcy does depend on your financial situation, including whether you are able to pay back your creditors any of the money that you owe them, and various other considerations, including how prompt you are at dealing with any questions from your trustee, and whether you attended credit counselling as required.
Throughout this process, the aim is that at the end of this period, you will be discharged from your debts and bankruptcy, provided all is well, and you will be free from the debt you accumulated. After that it is up to you to remain out of debt in the future, and by paying for everything with cash, you can do this.
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