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bankruptcy is the best way to go when you're "snowed under" 
with bills, and you just can't see your way clear to 
survive. Actually, bankruptcy allows you to make a fresh 
start. Generally, it takes only a small amount of money, a 
careful evaluation of your assets and your liabilities.  
In many cases, a lawyer is not necessary. If you have very 
few assets, mountains of debt, and not enough income to meet 
your obligations, then your best bet is almost always the 
filing of straight bankruptcy. What you'll need is the 
proper forms "S3010 Bankruptcy forms, for an Individual Not 
Engaged In Business." These can be purchased from any 
full-line office supply store, especially in an area serving 
attorneys' offices. You'll need to know which district you 
live in for Federal Court purposes - so look in the white 
pages of your telephone book under U.S. Government - Courts 
- and take down the address of the nearest U.S. District 
Court. Check it out to be sure that your residence is in 
this court's jurisdiction. You then fill out the forms you 
purchased, listing all of your creditors - those with 
priority being listed first - meaning those who have 
extended credit to you against some sort of security or 
collateral, followed by those who have extended credit to 
you on just your signature or reputation.  
You must be sure to list all of your creditors because any 
that you fail to list, will be able to sue you and collect 
even after the bankruptcy has been adjudicated. At the same 
time, be sure to include the names of anyone and everyone 
you may have co-signed a note or a loan for, as well as 
anyone who may have co-signed for you. The laws governing 
personal bankruptcy vary in all states, but generally, a 
bankruptcy judgment will not take away the house you live 
in, basic home furnishings, a car that's necessary towards 
your gainful employment, nor the tools of your trade. Check 
these things out to be sure against the list of items 
regarded as the necessities of life by your state.  
When you've got all the forms filled out, and notarized, you 
take them to the Clerk of the U.S. District Court in your 
jurisdiction. You pay the clerk $50, and from there, you're 
home free. The clerk notifies your creditors, and reminds 
them that being as you've filed bankruptcy papers, they 
cannot bother you about your debts anymore. However, they 
are invited to your hearing. Usually they don't show up, 
because by that time, you have very few, if any, non-exempt 
assets left that they are really interested in. But, 
whatever assets you do have that are nonexempt, will be sold 
by the Court to appease your creditors. Any money realized 
from these sales is then added to the total amount of money 
you may have turned over to the court at the time of your 
filing, and divided equally amongst your creditors according 
to priorities. After all of this has taken place, and 
usually about 3 months after you've been adjudged bankrupt, 
you can start all over again to incur debt, pay bills and 
establish a new credit rating. However , you should be 
especially careful about talking with your old creditors 
because they may attempt to maneuver you into signing a 
"reaffirmation" of your old debt. The thing to do is to be 
sure that you carefully read anything you affix your 
signature to, and don't agree to pay on any debt that has 
already been discharged through your bankruptcy!  
In some bankruptcy filings, it is definitely advantageous to 
hire an attorney to represent you. This is especially true 
for people who have assets such as real estate they want to 
protect, and/or people who have been operating home-based 
businesses or been accused of fraud. Remember this, if you 
decide to process your bankruptcy without a lawyer, then it 
is your responsibility to fill out all the necessary forms 
accurately and completely, and every bit as precisely as if 
you had paid an attorney to do it for you. Leaving out a 
creditor's name or address or forgetting a loan that you 
co-signed for, will surely bring on litigation against you 
even after your bankruptcy has been adjudicated. Be sure you 
understand all the papers, ask the Court Clerk for advice, 
and if you run into problems, then take it in to an 
attorney.  
Besides the regular bankruptcy laws, there's also a 
little-known and little-used method of getting reorganized 
with your debt, particularly when you've got a steady job 
and just need more time to straighten your indebtedness out. 
This is the wage-earner's provisions of Chapter XIII of the 
Federal Bankruptcy laws. Basically, these provisions allow 
you to make new arrangements with your creditors and pay off 
all your debts over a new 3-year period of time. When you 
filed for indebtedness relief under the provisions of this 
law, nothing is recorded permanently on your credit record. 
You get to keep all your assets, but you must pay off all 
your debts.  
But, so long as the Court grants you relief under these 
provisions, and you pay your creditors according to the 
repayment schedule agreed upon by the Court, your creditors 
cannot bother you. Even if they have begun a suit against 
you, once the Court has given you relief, they cannot touch 
you! Once you've filed under these provisions, your 
creditors are immediately restricted from even contacting 
you, and get only what the referee or trustee doles out to 
them. Often-times, if a creditor threatens to sue you, the 
most effective thing you can do is to tell him frankly that 
if he sues you, you'll have no other alternative except to 
file bankruptcy papers. In many instances, this will cause 
him to take a second look and to do whatever he can to 
assist you in paying him the money you owe, but over a 
longer period of time, and at smaller monthly payments.  
The absolute bottom line is that your creditors know only 
too well that if you do file for bankruptcy, their chances 
of receiving even half of what you owe is practically nil. 
Thus, it's in their best interest to do everything they can 
to help you to continue making payments on the amount you 
owe, regardless of how small those payments may be. When a 
creditor does sue you, and gets a judgment against you, he 
can then get a court order directing the sheriff to seize 

 

 

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