When pushed to the wall by debt that will not go away one is often left with no other option than declaring bankruptcy, a move that offers legal protection from creditors. Since the legal requirements and the documentation required when declaring bankruptcy may be too much for a lay man, the first step in declaring bankruptcy is to identify a good bankruptcy attorney.
The attorney will help you determine if declaring bankruptcy is in fact the prudent thing to do. The attorney may point out other options available. This is after he has gone through your books and has determined what he is dealing with. Once it is determined that declaring bankruptcy is the way forward, the attorney will help with the actual court process of filling the forms, paying for the court and filing the bankruptcy. It seems ironic and callous to make one declaring bankruptcy to have to pay for it.
Since different states have different laws regarding how to declare bankruptcy, the attorney will also help determine what kind of bankruptcy and under which code the client should file. For instance, there is personal bankruptcy which is different from business bankruptcy, while each has its intricacies.
Bankruptcy is not automatic just because you cannot meet your financial obligations. The court has to grant you bankruptcy based on its assessment of your situation. This would include your employment status and income if any, family and other obligations. The court will also be interested in the property registered in your name and determine if it can be sold to recover the debt. But if your attorney assessed your situation properly and filled the forms correctly then chances are you will be declared bankrupt as you wish.
This essentially means that you do not have to pay back some or all your debt. Whether you do pay your debt or not depends under which code you filed, because it can be determined whether you have the ability to pay at a certain rate or if you are completely unable.
Therefore, is one free after declaring bankruptcy? No, bankruptcy severely dents a person’s credit score which makes it hard or virtually impossible for them to claw their way back.