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Before You Do Another Thing …
A Quickstart Survival Guide To Bankruptcy
Chances are, if you're reading this, you're in a bind.
Maybe you're starting to realize that your income doesn't quite match your outgo each month. Maybe you've missed a
few car payments or a mortgage payment. Or, maybe the sheriff's at your door with an auction notice - your home goes on the
block in a week!
Well, no matter what "tight-money" situation you're in, you can take a deep breath and relax. That's right,
relax.
Coping with financial stress can suck all of the fun out of life. Cringing at the telephone's ring, knowing it's
another creditor, is no way to live. Going through the mail with one eye closed is emotionally draining. You feel trapped,
in a box…in a bind. But, there's good news. You have options - options that will protect you and let you take control of
your life once again.
Even if the bank has started foreclosure proceedings, even if the dealer is threatening to take your car and your
paycheck is being garnished - you have options. And, most important of all, remember: you will get through this, just as
millions of other decent, responsible Americans have. There is light at the end of the tunnel and you've just taken your
first step toward it.
Take a look at the information that follows. It will answer many of your questions about bankruptcy, lay out your
options ( pros and cons) and provide you with a variety of sources for additional help. So relax, read on and discover how
you can take control of your life again. Let's start with the most frequently asked questions, or FAQs.
FAQs About Bankruptcy
What will happen if I file for bankruptcy?
Bankruptcy laws are designed to protect you. Regardless of how bad your financial situation is, when you file
bankruptcy papers at your local state courthouse you are then protected by the court. So what does this mean?
- Any business or person to whom you owe money (a creditor) is prohibited from contacting you by telephone, mail,
e-mail, telegram or even ESP. The phone calls and collection letters stop as soon as the court notifies your
creditors.
- If money is being taken out of your paycheck (garnishments) to pay off debt, this will stop, giving you control
of how your earnings are spent.
- Any taxes you owe the government no longer accumulate interest and tax collection stops until you get your
finances in order.
- Foreclosure proceedings on your home, no matter how far along, will stop until the court reviews your
case.
- Even if your home is going on the auction block tomorrow, the auction will be called off as soon as you file and
come under the protection of the court.
What will filing for bankruptcy do to my credit?
A bankruptcy filing remains on your credit report for 10 years. However, missed mortgage and other payments remain
a part of your credit history for 7 years. Chances are, if you're considering bankruptcy, your credit is already
compromised. Bankruptcy may actually help you build up your credit score by eliminating all of those missed payment
reports.
Will I be able to get credit after filing for bankruptcy? Yes, indeed. Bankruptcy eliminates most current debts.
Within 4 months after filing, most car dealers will be glad to see you walk onto the lot. Within 4 months of filing, you'll
be able to get a mortgage. The court may allow you to keep one of your credit cards, but if not, credit card companies will
be glad to issue a new one. Why? Because you can pay it off now. Even people deep in debt can start to rebuild their credit
soon after the papers are filed.
Is it legal to use a CERTIFIED Bankruptcy Petition Preparer?
At 11 U.S.C. § 542 The law provides for the use of a Bankruptcy Petition Preparer, and it is available to you in all 50
states.
If I file for bankruptcy, will I lose my house?
In all likelihood, you won't lose your house if you file for bankruptcy. First off, your bank doesn't want your
house! Banks aren't in the real estate business, they're in the money business and your current mortgage holder would
rather have you get caught up on payments and stay in your home.
Second, bankruptcy laws in all states allow for certain exemptions. In most states, exemptions include the things
you need to live and work - things like your home, car, clothes and furniture. You can learn more about your state's
bankruptcy exemptions by clicking here then typing in your state name followed by 'bankruptcy exemptions', e.g., Ohio
bankruptcy exemptions. A list of on-line information sources will appear.
Do I need a lawyer to file?
It is always comforting to have an attorney – if you can afford one, you should hire one.
Some people just do not have enough money to hire an attorney.
If you are short on cash, a bankruptcy petition preparer may be the answer. The people who work with our company
are CERTIFIED DOCUMENT PREPARERS, CERTIFIED BY THE UNITED STATES BANKRUPTCY COURT to help people who have limited
funds.
What will people think of me if I file for bankruptcy?
Nothing, if you don't tell them and, frankly, it's none of their business. Would you tell a neighbor your checking
account number? Would you give your PIN to your brother-in-law? Your finances are you business alone.
That said, each year, hundreds of thousands of decent, responsible people file for protection from creditors. Some
have lost jobs. Others have experienced medical problems that have prevented them from working. Still others are going
through the pain of a divorce.
Bankruptcy doesn't mean you're a deadbeat, or that you're lazy, irresponsible or evil. Once again, bankruptcy is a
simple means to protect you, your family and the assets you need to live, work and, yes, enjoy life.
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