Prior to declaring bankruptcy, it is always prudent to consult with a reputable attorney or debt solution service in order to obtain adequate information about your legal rights and alternatives. However, in situations where bankruptcy is your last resort, it can be extremely reassuring to be aware of the numerous benefits associated with the process, which can provide you with assistance and support during the crisis.
When you are already bewildered and overwhelmed by the extreme effects of a debt burden, constant harassment from creditors can be difficult to bear. It causes situations in which you do not even know who to turn to for assistance. By accepting your bankruptcy petition and declaring you insolvent, bankruptcy courts can provide you with immediate relief from these harassments by prohibiting lenders from making direct contact with you. As soon as you are declared insolvent, your creditors are required by law to cease harassing you for money and to communicate with the court regarding any concerns they may have. This is a tremendous relief in the midst of extreme financial difficulties.
Another notable advantage of declaring bankruptcy is that it utilizes the power of the automatic stay to release you from any lawsuit that creditors may have filed against you. The automatic stay is an order issued by a bankruptcy court that goes into effect the instant you file for bankruptcy, preventing the sale of your assets for a specified period of time.
Depending on the form of bankruptcy you choose, you may receive varying degrees of aid against foreclosure. Chapter 13 bankruptcy, for instance, offers complete relief from the tension and hassles of foreclosure, as well as flexible repayment plans that allow you to repay the debt amount according to your affordability and conveniences over a specified period of time. Your creditors are legally prohibited from contacting you during this time frame so long as you remain current on payments.
On the other hand, chapter 7 bankruptcy assistance is subject to certain restrictions. It cannot provide total relief from the burdens of foreclosure because creditors can recommence the lawsuit once the bankruptcy procedures conclude. It does however provide you with valuable time to arrange funds to pay off the debt amount and prevent the sale of your properties. Again, it provides a number of tax benefits.
In certain circumstances, however, bankruptcy courts do not protect debtors from foreclosure.
If creditors file a petition with the court to lift the automatic stay, and the court grants the petition, the normal duration of the automatic stay is reduced, and lenders may once again dispose off mortgaged properties.
The automatic stay becomes invalid if the bankruptcy petition is filed after the foreclosure notice has been sent to the mortgaged property's owner.
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