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Bankruptcies
are obtained directly from courthouses, public information records.
Bankrupt means a person is unable to meet his/her obligation and pay
one's creditors. It is a legal way to get out of paying certain debts.
Those debts are eliminated by a bankruptcy court and discharging them.
The purpose of bankruptcy is to allow people to have a fresh start when
they become heavily burdened by debt. Bankruptcy may apply to an individual,
Partnership, or Corporation. The state of being unable to pay one's
debts, such a person or company is subject to being proceeded against
by his/her creditor, according to prevailing bankruptcy laws. Bankruptcy
laws are passed to aid creditors in collecting money owed to them by
bankrupt persons or company. Bankruptcy laws also can benefit those
who are unable to pay their debts. Bankruptcy is also the elimination
of all debts and assets. In most cases there is not enough assets to
cover the outstanding debts, so this forces a person or company into
bankruptcy.
Straight
bankruptcy, chapter 7, stays on your credit file for ten years. Chapter
11, for 10 years and chapter 13 for 7 years. Chapter 11 is used to describe
a company, corporation, or organization that has gone into Bankruptcy.
Under the bankruptcy laws, such a company may be permitted by the court
to continue to business for a time so long as it pays its current debts.
It must emerge from "chapter 11" eventually, through reorganization,
or it must cease doing business. In other words it's a company payment
plan to pay back money owed. Chapter 13 is the equal to corporate chapter
11 reorganization. Under this program, the individual is given a payment
plan to repay their creditors, this is also supervised by the courts,
its a 3 year program, but can be extended an additional two.
If
a bankruptcy inaccuracy exists on your credit file, you can have the
credit bureau investigate and correct the inaccuracy. If the credit
bureau cannot verify or correct the inaccuracy by way of investigation
in the reasonable amount of time, the bankruptcy should be remove
until it can be verified and corrected 100% by the credit bureau.
There are some items not discharge with bankruptcy I think you should
know about, and they are:

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Court
judgments against you or settlements entered into by you for personal
injuries or death due to driving while intoxicated.
- Criminal
fines
- Debts
that not included in the bankruptcy
- Government
loans- including student loans
- Debts
incurred by fraud
- Alimony/child
support payments
- Penalties
owed to the government
- Federal,
state and local taxes/Federal taxes over 3 yrs. are dischargeable.
- Punitive
damages from willful harm to another person
The
next lists of items are properties you can keep under Bankruptcy, providing
they are "exempt properties". The exemptions are for certain
assets listed in the law, but only up to a maximum value the law allow
you to keep for each kind of asset, which are:
- The
family cars
- Home
stead equity in your house
- Clothes
- Personal
effects
- Household
furnishings of a reasonable nature
- Life
insurance
- Pensions
- Tool's
of one's trade
- Unemployment
compensation
- Government
assistance in the form of social security payments
The
next list of items are properties you will lose if you go through the
bankruptcy process, these are "nonexempt properties". Examples
of luxury items that are:
- Boats
- Jewelry
over a certain value
- Antiques,
artwork, stamp collection, coin collections
- Musical
instruments such as pianos unless you are employed as a musician
- A
force sale of your home if the equity you have in it is greater
than the value of your mortgages and your homestead allowance.
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