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Thursday, February 26, 2009

Some Things You Need To Know About How To File Bankruptcy

By Michael Geoffrey

It is not always easy to file for bankruptcy, which in many instances, is something that does not go down too well with a person though realizing that the law does offer you protection in case you do file for bankruptcy will certainly make things a little more palatable for you. So, before you go out and decide to file bankruptcy, there are certain things to take into consideration about how to file bankruptcy.

Remember that bankruptcy should only be turned to as an absolute last option. This is because bankruptcy will affect your credit in a seriously bad way for up to ten years.

Types Of Bankruptcy

If you have come to the conclusion that you will have to file for bankruptcy, you will need to determine which of two types of bankruptcy to file under. Which you choose will affect how you file as well as what happens as a result of your filing.

As an individual, you may learn that filing for chapter seven bankruptcies is the most popular option, while another option available is to file for chapter thirteen bankruptcies, and that because BAPCPA has more or less discouraged individuals from filing for chapter seven bankruptcies, you may be forced into filing for chapter thirteen bankruptcies instead.

Another useful tip on how to file bankruptcy is that you need to research well all of the available options before you which relate to filing bankruptcy, and though you may be thinking of filing without hiring a lawyer, the best way of going about how to file bankruptcy may indeed warrant hiring a bankruptcy attorney or lawyer, and even then you need to research different lawyers before selecting a particular individual or firm.

Once you have a lawyer or attorney in mind, you will next realize that in order to properly go about learning how to file bankruptcy, you should consult with your lawyer about your case and find out the best chapter under which to file bankruptcy. And, you should learn about what it is going to cost you to file bankruptcy and fees for different chapters will vary and so too will attorneys fees for which you should consider paying a flat fee rather than paying the lawyer according to the amount of debt you owe.

Once you have spoken with your lawyer, make sure that all of your creditors understand that you have hired legal counsel and that their calls and questions should be directed to your attorney. This will prevent any creditors from getting in touch with you regarding debt after you file for bankruptcy.

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