How to File for Bankruptcy Options

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By Ben26

Undergoing a bankruptcy is one of the worst things that can happen to an individual or a family. The hardship that comes from losing your house as well as your cars has usually been caused by earlier issues such as job loss or overwhelming medical bills. If this is the case, don't try to pretend that there isn't a financial crisis happening and just hope that everything will get better without taking action. Learn how to file for bankruptcy, so that you can start your financial health on a healing process and get out from under your mountain of debt.

There are two common types of bankruptcy filings that you can do as an individual. These are Chapter 7 bankruptcy and Chapter 13 bankruptcy. Read below to learn more about the process of each if you are concerned with understanding how to file for bankrupcy for your personal tax situation.

Filing For Chapter 7 Bankruptcy

Before learning how to file for Chapter 7 bankruptcy it is important to understand what it is. Chapter 7 is the most common type of filing because it allows the debtor to completely discharge many of the unsecured debts they have obtained such as credit card debt or unpaid medical bills. This does not mean the individual is exempt from everything because assets must still be sold off to try and cover the debts they owe.

Most state tax laws allow people to keep their home, while eliminating much of the debt they owe, which is why Chapter 7 is the most popular with people filing bankruptcy.

Bankruptcy Filing
Bankruptcy Filing

Filing For Chapter 13 Bankruptcy

Similarly, it is important to understand Chapter 13 before learning how to file for Chapter 13 bankruptcy because in choosing this type of filing the debtor will still owe the bills they have accumulated. The main difference is that they will work with the companies they owe money to create a 3-5 year plan to pay off the debts. This means that the businesses will back off and give a better interest rate or reduce the overall debt with the understanding that some money will be paid off over time.

Most companies that are owed money prefer this type of bankruptcy filing because they have a better chance of getting at least some of their money back.

Hiring A Tax Professional That Can Guide You Through Filing For Bankruptcy

 Bankruptcy is complicated, so it is very important to consider hiring a bankruptcy lawyer or preparer that can help you complete the full bankruptcy process correctly. Having a federal bankruptcy representative can be the difference between a painful and expensive mistake, and an easier procedure. There are bankruptcy software programs that can help with your filing, but working with a real person is often better when you are under the stress of overwhelming debt.

It is new fun to admit that you are having problems financially, but it is important to not bury your head in the sand. Learn how to file for bankruptcy if you think it might be a necessary step for you and start the process of getting back on your feet.

Comments

Pete 13 months ago

Good article. It is important to consider the tax consequences of filing for bankruptcy, especially the timing of filing the petition in relation to the filing dates for previously filed tax returns so that the taxes can be discharged.

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