How Filing Bankruptcy Can Help You

written by: Elena Oseki; article published: year 2006, month 10;


In: Root » Legal and finance » Bankruptcy » How Filing Bankruptcy Can Help You

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Filing bankruptcy is as simple as taking a set of papers down to the Bankruptcy court, standing in line at the Clerk of Court, paying a filing fee and having the papers date/time stamped and handed back to you. (The court keeps the original.) A Judge will also be assigned at this time. This simple process takes about 10 minutes to complete. This set of papers that you filed with the court is called a “bankruptcy petition.” The moment the Clerk of Court stamps your bankruptcy petition, the following good things can happen to you:

Anybody you owe cannot contact you in any way (once they receive notice in the mail from the court.)

Any wage garnishments taken out of your check will cease to be lawful. If the garnishment is taken out of your check after you file bankruptcy you may be entitled to a refund.

Any foreclosure action on your home or other real property is stopped.

Any Sheriff’s sales are stopped immediately.

Any taxes you owe that are currently being collected on by the government are put on hold (while your debts are being reorganized.)

Anybody coming to repossess your auto, boat, furniture, appliances, or anything else are stopped immediately and cannot remove anything without the Bankruptcy Court’s permission.

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