A Quick Reference To The Ins And Outs Of Filing For Bankruptcy Mississauga

| Thursday, June 2, 2011
By Adriana Noton


Bankruptcy Mississauga helps both consumers and businesses get a new financial beginning. Filing helps to eliminate debts that borrowers have no hope of paying. Borrowers may also be able to keep their homes and cars, although laws do vary from state to state.

Chapter 7 bankruptcy wipes away all or part of a borrower's unsecured debt. Chapter 13 creates a repayment plan for debts. The Chapter 13 repayment plan could take anywhere from three to five years. The plan is always court-supervised.

The process has several advantages. First, it results in discharge or payment plans for debt. Second, it allows borrowers to avoid repossession of assets, like cars and homes. Third, all collection efforts must stop. This means an end to letters, phone calls, and even wage garnishments. Employers cannot discriminate against workers who have filed.

Filing also has some disadvantages. The proceeding stays on the credit report for up to ten years. It is difficult, during that period, for borrowers to get any type of loan or line of credit. Loan applications can always ask if the borrower has a bankruptcy. This is true even after the discharge is off of the credit report. It can also affect job searches. Some employers will not offer positions to people with a bankruptcy on their background check.

Borrowers should avoid crucial mistakes as they prepare to file. First, they need to come to court with no more than one hundred dollars in liquid assets. Liquid assets are cash and investments. Second, borrowers should never file when the IRS or another party owes them money. Any money they collect will be removed and distributed among creditors.

Borrowers should never transfer assets out of their name. They should also never pay large amounts of money to relatives or friends in the year prior to filing. The court will seize the money and pay it to collectors. Also, borrowers should never pay a creditor more than six hundred dollars in the ninety days before they file.

It is also important that borrowers avoid taking on more debt. This includes all charges to credit cards. Borrowers should never file if they expect an inheritance or any proceeds from a real estate sale. All of that money, once again, will be taken and given to creditors.

Above all, borrowers should not wait before consulting a professional. Waiting can mean thousands of dollars turned over to creditors unnecessarily. Waiting can also mean that the borrower is vulnerable to making mistakes. These mistakes may make the borrower ineligible to file. Most of the time, borrowers wait because they feel guilty. It is crucial that borrowers see bankruptcy as a purely business decision. They should not allow guilt to keep them from moving on with their lives. They also should not blame themselves for circumstances they cannot control.

Going through a Bankruptcy Durham region can be exhausting. At the same time, borrowers are better off admitting the truth when they cannot repay their debts. Filing certainly has both advantages and disadvantages. However, unsettled debt often causes far more stress than solving the problem.




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