What Bankruptcy Is and What It Can Do For You

Learn what bankruptcy is and what it will do for you if you are thinking about this alternative to your money problems.    

About Bankruptcy and What It Can Do For You:

Filing bankruptcy immediately stops all of your creditors from seeking to collect debts from you, at least until your debts are sorted out according to the law. 

What Can Bankruptcy Do For You?

Bankruptcy is a means which will help you:
 

• Eliminate the legal obligation to pay most or all of your debts. This is called a "discharge" of debts. It is designed to give you a fresh financial start. 

• Stop foreclosure on your house or mobile home and allow you an opportunity to catch up on missed payments. (Bankruptcy does not, however, automatically eliminate mortgages and other liens on your property without payment.) 

• Prevent repossession of a car or other property, or force the creditor to return property even after it has been repossessed. 

• Stop wage garnishment, debt collection harassment, and similar creditor actions to collect a debt. 

• Restore or prevent termination of utility service. 

• Allow you to challenge the claims of creditors who have committed fraud or who are otherwise trying to collect more than you really owe.

What Bankruptcy Is Not

What Bankruptcy is not, however, is a cure for every financial problem. Nor is it the right step for everybody. When in bankruptcy, it is usually not possible to: 

• Eliminate certain rights of secured creditors. A secured creditor has taken a mortgage or other lien on property as collateral for the loan. Common examples are car loans and home mortgages. You can force secured creditors to take payments over time in the bankruptcy process and bankruptcy can eliminate your obligation to pay any additional money if your property is taken. Nevertheless, you generally can not keep the collateral unless you continue to pay the debt. 

• Discharge types of debts singled out by the bankruptcy law for special treatment, such as child support, alimony, certain other debts related to divorce, most student loans, court restitution orders, criminal fines, and some taxes. 

• Protect cosigners on your debts. When a relative or friend has co-signed a loan, and you cancel the debt in bankruptcy, the cosigner may still have to repay the loan. 

• Discharge debts that arise after bankruptcy has been filed.

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What Bankruptcy Is and all associated materials and related studies are the complete work of the site's author, Margaret Lukasik, and cannot be copied by any means without her express written permission.