As soon as the bankruptcy petition is filed, all collection efforts against the debtor terminate because the automatic stay goes into effect. The creditors are prohibited from suing, writing, or calling the debtor to demand payment, and all forms of harassment against the debtor cease. Moreover, secured creditors cannot foreclose on their collateral, debt collectors cannot repossess the property through self-help mechanisms or legal proceedings, and wages cannot be garnished once the bankruptcy case has been filed. During this period, debtors have the opportunity to reflect on their financial issues and consider alternatives for resolving the bankruptcy filing process.
Most people are capable of handling the process on their own, but the majority prefers to retain an attorney. Filing for bankruptcy is straightforward, requiring only the completion of the appropriate forms and their submission to the bankruptcy court. You can apply for Chapter 13 reorganization more frequently, but you cannot have more than one case open at once; you can only file for Chapter 7 once every eight years.
The Bankruptcy Code required a debtor petitioning for bankruptcy to include the following information:
(1) An inventory of debtors,
(2) A listing of assets and obligations,
(3) A financial plan detailing current income and expenses, and
(4) An account of the debtor's financial affairs.
After filing a voluntary petition with the bankruptcy court, you will be assigned a trustee who will ensure that all necessary information is gathered and is accurate. The next step would be to notify your creditors that you will be filing for bankruptcy, requiring them to cease all collection efforts. By law, your creditors are prohibited from contacting you, and subsequent procedures will involve meeting with your creditors and, if feasible, their attorneys.""
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