Many people today use credit cards which can provide unlimited credit to an individual, but before long, it also ensnares people in debt. Credit card use if not done sensibly can lead to huge debt before the individual even realizes it. That’s why many are bankrupt for no good reason and have to declare bankruptcy. There can be several other reasons for one to go bankrupt, like unemployment, lawsuits, disinheritance, divorce, resulting alimony, foreclosures etc. Therefore many people today have some ideas regarding the bankruptcy laws. However, it is quite another matter to have an in depth knowledge about the laws pertaining to bankruptcy, which we will be discussing in this article.
The basics of the New York bankruptcy law are quite intricate and it is not possible to discuss all the elements, so it is best to have an overview so that an individual thinking of filing for bankruptcy will know the things that he or she will be dealing with. Though the word “bankruptcy” is a scary word and often leads a lay person to view the entire affair as something shameful, it is not always the case. Filing for bankruptcy can be quite fruitful if an expert attorney handles the case because it can help an individual to start afresh in the financial arena and can teach how to handle finances more carefully in the future so that the same thing is not repeated again.
There are two main purposes that are accomplished by filing for bankruptcy. On the one hand the creditors can get a fair share of their money back provided the amount is payable by the debtor, and on the other hand the debtors also get to start new. New York Bankruptcy Law can provide two ways, mainly chapter 7 and 13, in which it is possible for creditors to get back the money, and the debtors to get discharged from all debts.
The main types of bankruptcy filed forms are chapter 7 and a chapter 13. Chapter 7 is the most popular one among the individuals to erase the qualifying debts. As per this chapter, the debtor can breathe free as all repayment obligations are obliterated. In repairing one’s financial condition chapter 7 is the ideal tool which allows a fresh start to anyone with dire financial conditions. But all is not rosy about chapter 7 and it is to be taken rather seriously. Chapter 7 bankruptcies keep you in the list of high risk individuals which will reflect in your credit reports for the next ten years. Also, you will be deemed as a person who is monetarily irresponsible.
Chapter 13 on the other hand is less negative on your reputation. Though there will be still black marks on you, it won’t come across as severely as chapter 7, and you will not be considered to be a financial wreck. Under chapter 13 of New York bankruptcy law, you will be required to follow a payment plan and repay your debts. Slight credit risk is what you will be marked as and with chapter 13 you can still hold on to your properties and assets. In chapter 7 however, there is the risk of losing everything in order vto pay back the creditors. Therefore, after knowing about the pros and cons of both the chapters, it is up to you to decide whether to file for chapter 7 bankruptcy or chapter 13, as choosing the incorrect one can do you more harm than good. Therefore, to understand and decide clearly, it is best to take legal help so that you pick a bankruptcy that will assist you to solve some of your financial troubles.
The author of this article,Jonathan Bodner, has been practicing law in the city of New York for the last decade and has done research on the various aspects and has broad knowledge about New York bankruptcy Law.
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