วันพุธที่ 21 ธันวาคม พ.ศ. 2554

Can I Discharge New Debt When Filing Bankruptcy?



The debt included in a person's bankruptcy filing sometimes will be scrutinized by the bankruptcy trustee. With a large number of people filing for bankruptcy over the last few years, creditors have put some debtors under the microscope questioning their charges. Usually, if an individual is represented by a bankruptcy attorney, rarely will the bankruptcy trustee find anything of question unless the debtor is not being truthful to their attorney. After the financial meltdown in 2008, the reasons for people filing for bankruptcy are usually truthful. It's very common to see individuals filing bankruptcy because of a job loss, a family medical emergency or because of the housing bubble many Americans just bit off more than they could chew with their mortgage. All of these factors come into play in American society as this has become the new normal.
Many people wait too long to file for bankruptcy when a disaster strikes. Some people even go as far as taking money out of their 401(k) to pay credit card bills while they are unemployed, not realizing that the 401(k) would be protected by bankruptcy exemption laws. When the writing on the wall becomes clear, there is no reason to give more money to the creditors when filing bankruptcy becomes imminent.
For many Americans it's a tough to make the decision to file for bankruptcy. Most people's pride gets in the way because in their mind they believe that a bankruptcy filing is synonymous with failure. This is far from the truth. Filing bankruptcy was created by Congress with the intent of giving good hard working Americans a fresh start and a new beginning. Having the ability to wipe out one's debt, allows a person to start over and rebuild their life without the worry of retribution from their creditors.
Recently, the Fed reported that credit card debt of Americans has exceeded $2 trillion. This puts the American consumer on very shaky ground and also makes nervous creditors become more aggressive in their tactics to collect on this debt. The average American household generally carries about $20,000 in total unsecured debt. In most cases, the data has not been accumulated on one card so most creditors turn a blind eye to these debtors when they file for bankruptcy. As long as the debt is less than $10,000 per credit card issuer it is usually not worth it for the creditor to spend much time contesting it during a bankruptcy filing. This does not mean that if the individual does not file for bankruptcy that the creditor still won't go after them and sue them for this amount. Creditors these days will go after someone for $1000.
If the individual filing bankruptcy has a credit card with a large balance on it of over $25,000 the creditor will go through it with a fine tooth comb looking for anyway to contest the bankruptcy filing. If there are any discrepancies the creditor will sick their legal staff on the debtor and try to make them responsible for the debt. This makes it very important for someone filing bankruptcy to be totally on us with their bankruptcy attorney about their spending habits and the time frame of when the charges were made. The bankruptcy attorney might ask the client to continue making payments on that account while delaying the bankruptcy filing to allow time to pass from when the charge account was last used.
The author is a professional that formed FilingBankruptcyNow.Com which provides information for debtors considering filing bankruptcy under Chapter 7 and Chapter 13 bankruptcy and helps individuals stop foreclosure and eliminate their debt by putting them in touch with a local bankruptcy attorney.

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