Consumer Bankruptcy Fundamentals

It might be quite tough for somebody that has been enduring personal debt and past due bills to reach the realization that they might be in a financial condition which will not likely simply resolve itself. Despite the fact that this kind of problem can seem virtually hopeless, there is a way out that the legal system can provide to help people get out from underneath the encumbrances of overwhelming unpaid debt. Within my Chicago bankruptcy practice, I help individuals to find out whether or not the decision to seek bankruptcy relief is appropriate with respect to their unique problems.

Some individuals think that changes to the bankruptcy law that were handed down in the year 2005 have made it almost impossible for individuals to meet the criteria for debt elimination with the aid of consumer bankruptcy. Even though the 2005 law, the Bankruptcy Abuse Prevention and Consumer Protection Act, or BAPCPA, has made it more difficult, the reality is that most consumers who need to file for consumer bankruptcy can continue to do so.

So just what is bankruptcy? Fundamentally, bankruptcy can be described as a legal proceeding that enables folks with more debt than they can pay to start over – financially speaking. This is why bankruptcy is also called a “fresh financial start.” Once you file for bankruptcy, collectors must immediately stop attempting to recover the debt that you owe. Based on the chapter somebody files under, the majority of unsecured debt can be cleared – doing away with the obligation to pay them. Unsecured debts are those without collateral, including credit cards. Secured debts, which include car loans and home mortgages, must be repaid if the debtor desires to maintain the property. However, should they be behind on installment payments, filing for bankruptcy will be able to stop a repossession or foreclosure by allowing for the past due sum to be repaid over time as the regular payments continue.

Though there are various local rules and state laws that come into play in bankruptcy proceedings, the main source of bankruptcy law is Title 11 of the U.S. Code. Since bankruptcy is federal law, bankruptcy cases are filed in the federal court for the district where the debtor resides. By way of example, since I am a Chicago bankruptcy lawyer serving Chicago area residents, my clients’ cases are filed in the United States Bankruptcy Court for the Northern District of Illinois.

You will discover 4 different varieties of bankruptcy cases under Title 11: Chapter 7, Chapter 11, Chapter 12, and Chapter 13. Of those 4, Chapter 7 and Chapter 13 are the most typical and most useful to individuals. Chapter 7 is known as straight bankruptcy or a liquidation and requires people to give up property to repay their creditors. Due to the many state and federal exemptions that safeguard certain property from liquidation, most people who declare Chapter 7 bankruptcy don’t lose any property whatsoever.

Chapter 13 is known as a reorganization. Chapter 13 permits families to pay back all or some portion of their debt over time by means of future earnings. No property is liquidated under a Chapter 13.

Even though this brief summary offers a simple overview, it’s not legal advice. Bankruptcy law is complicated and consumers contemplating bankruptcy ought to speak with an attorney in their jurisdiction. Should you live in Illinois and therefore are seeking a Chicago Bankruptcy Attorney, please consider The Law Office of John C. Kunes, P.C.

Visit Chicago Bankruptcy Lawyer John Kunes’s blog to get the facts you need to know to determine if consumer bankruptcy might be a good solution for you.