Tuesday, December 13, 2011

Top bankruptcy filing myths

Since the launch of the Internet, there has been a wealth of information posted about filing bankruptcy. There are our blog websites, lawyer websites, bankruptcy court websites and general “how to” information websites. With all this information to sort through, someone filing for bankruptcy needs to be able to decipher between what's true and what's a myth. The best way to make sure the information you are getting is correct, is to cross reference it with different content of reliable sources. After gathering answers to all your bankruptcy questions, make a list and take these with you and talk with a bankruptcy attorney. Sometimes the information might be true, but not be applicable to the individual’s bankruptcy situation.

Many of the bankruptcy myths that are swirling around deter people from filing bankruptcy. This makes you wonder if these myths were created and put out there by the credit industry. They are the only ones that benefit from people staying away from a bankruptcy filing. The credit industry would like the debtors to believe that if they file for bankruptcy the court will come with a big truck and load up all of their belongings to sell them at an auction, leaving them penniless and homeless. This is probably the biggest myth out there. In fact, it's completely the opposite. When an individual enters into a bankruptcy filing, their bankruptcy attorney will select exemption laws to protect as much property as possible. In most Chapter 7 bankruptcy filing, rarely does the debtor lose any property at all. Typically, the property that's given up in a bankruptcy filing is voluntary. Most of that property is secured property like an automobile or a home, where the debtor can no longer afford to keep making the payments and want to surrender it back to the creditor.

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