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What is Bankruptcy?

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By Jacob Sal Linwood
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What is bankruptcy

If you are facing financial hardship, filing for bankruptcy can be a lifesaver. Filing for bankruptcy provides a fresh start and a mental lift. The overwhelming amount of debt can make you feel like drowning, and no one will throw you a lifeline. However, it is not always the best option. There are several things to consider before filing for bankruptcy. Learn more about the bankruptcy process. Keeping a record of your finances can help you determine the best course of action.

First, you should understand what is exempt property. Some items are exempt under federal law, but not all states have similar laws. Common examples of exempt property include car, home equity, and equipment used at work. Social security checks, pensions, veterans’ benefits, and retirement savings may also be exempt. However, the rules vary by state and bankruptcy counsel. If you don’t know which items are exempt, talk to your bankruptcy attorney.

Another major consequence of filing for bankruptcy is loss of property. While most student loan debt is excluded from bankruptcy, you may not be able to sell your car or home if you file for Chapter 7 bankruptcy. In addition, you may have to sell your house and possessions to pay off the debt. The most obvious impact of bankruptcy is the loss of property. Bankruptcy often results in loss of assets, such as real estate, vehicles, and jewelry. But it may affect other people financially, too.

In the past, bankruptcy filings reached an all-time high of two million in 2005, but this was only the beginning. That year, the Bankruptcy Abuse Prevention and Consumer Protection Act was passed. The law intended to prevent people from walking away from debt. The recession brought the economy to its knees, but the number of filings dropped again. In the years following the Great Recession, 774,940 people and 22,780 businesses filed for bankruptcy in 2019. As the economy recovered, the trend started to fall. In 2020, COVID-19 was expected to pandemic in the U.S., and could reverse that trend.

In a nutshell, bankruptcy is the legal process of starting over financially. Through bankruptcy, you can stop your creditors from collecting debt from you and re-establish utility services. Moreover, bankruptcy protects you from losing your home or car and gives you time to catch up on missed payments. But it is important to know what it involves before filing for bankruptcy. It can be a difficult process, but it can bring about great changes in your financial situation.

Bankruptcy laws govern the entire process. Under federal law, bankruptcy law is called “Title 11”, which covers the entirety of federal bankruptcy law. It contains general principles and chapter-specific rules. The two most important acts passed in 2005, the Bankruptcy Reform Act and the Bankruptcy Abuse Prevention and Consumer Protection Act, cover bankruptcy in different ways. The rules governing bankruptcy filing and reorganization differ from state to state.

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