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Frequently Asked Questions (FAQ)

What is bankruptcy?

Bankruptcy is the legal process where persons declare that they are unable to pay their debts and request relief from the court. There are two basic purposes of bankruptcy: to give the debtor a fresh start and to repay creditors to the extent that the debtor has non-exempt assets. Bankruptcy comes in two forms, liquidation and reorganization. The four types of bankruptcies available to private individuals fall under one of these two forms. Liquidation Chapter 7, also known as “liquidation,” is usually the simplest and quickest form of bankruptcy. In […]

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Can anyone file for bankruptcy?

Yes, but some restrictions do apply. In 2005, the Bankruptcy Code was amended to impose additional requirements on anyone wishing to file a bankruptcy case. The new law now requires that debtors perform a “means test” to determine whether or not they are capable of paying back a portion of their debts. If a debtor qualifies under the means test, he, she or they may file under Chapter 7. However, if the debtor does not meet the means test’s standards, the debtor likely will have to file their case under […]

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Is bankruptcy right for me?

Whether bankruptcy is an option for you depends very much on your particular financial circumstances and what you hope to accomplish. You should consider first whether bankruptcy will “discharge” (i.e. release you from liability) enough of your debts. Debts that are “non-dischargeable” will have to be paid even after bankruptcy. The primary debts that are non-dischargeable are as follows: Income tax debt, unless: • the debt is more than 3 years old, and • a correct & timely tax return was filed. Student Loans, unless repayment would cause undue hardship […]

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