The Mellor Law Firm, APLC

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Legal Options for Bankruptcy

May 31, 2022 by Mark Mellor

Debt is a stressful thing affecting many Americans. Some are choosing to file for bankruptcy to take action against their debt. Bankruptcy can be a complex and confusing process, so in this blog, we will break down the finer details so that you can make the best decision for yourself.

What is Bankruptcy?

Bankruptcy is a legal process that allows people or businesses to restructure or eliminate their debts. This process can be either voluntary or involuntary. In most cases, bankruptcy is filed by the debtor. However, creditors can also file for bankruptcy in some cases.

How to Know if You Should File for Bankruptcy

There are a few things to consider when making the decision to file for bankruptcy. First, think about whether or not you could pay off your debts within five years. If the answer is no, then bankruptcy may be a good option. You should also consider your financial options. If you don’t have any other way to get out of debt, then filing for bankruptcy may be your best choice. Finally, keep in mind that filing for bankruptcy is a big decision. It will have a major impact on your finances and your credit score. 

Is Chapter 7 or Chapter 13 Bankruptcy Right for You?

If you’re considering bankruptcy, you may be wondering whether Chapter 7 or Chapter 13 is right for you. There are some key differences between the two types of bankruptcy that you should be aware of before making your decision.

Chapter 7 Bankruptcy 

Chapter 7 bankruptcy is often called “liquidation” bankruptcy because it involves the sale of some of your assets in order to pay off your creditors. This type of bankruptcy is usually best for those who have few assets and can’t afford to repay their debts. Chapter 7 bankruptcy is a simple, faster way to resolve your financial difficulties. By having a trustee take possession of your assets, you will be able to protect your exempt assets and liquidate the non-exempt ones. 

Chapter 13 Bankruptcy 

Chapter 13 bankruptcy, on the other hand, is often called “reorganization” bankruptcy. In this type of bankruptcy, you keep your assets but must repay your debts over a specified period of time. This option is usually best for those who have some assets and can afford to repay their debts but need some time to do so.

Alternatives to Bankruptcy

If you’re struggling with debt, you may be considering bankruptcy as a way to get a fresh start. However, bankruptcy is not the only option available to you. There are several alternatives to bankruptcy that can help you get out of debt and back on track financially.

Debt Counseling

A counselor can help you develop a budget and work out a repayment plan with your creditors. Counselors can also negotiate with your creditors on your behalf to lower interest rates or waive fees.

Debt Consolidation Loan

With this type of loan, you take out one loan to pay off all of your other debts. This can help you save money on interest payments and make it easier to keep track of your monthly payments.

Debt Management Plan

With a debt management plan, you make one monthly payment to a credit counseling agency which then distributes the funds to your creditors. This can help you get out of debt in a more structured and affordable way.

The Bottom Line

No matter what option you choose, it’s important to work with a reputable and experienced professional who can help you get out of debt and keep your finances on track. Bankruptcy should always be considered as a last resort. If you’re struggling with debt, explore all of your options before making a decision.

Contact Mellor Law Firm to learn more about your legal options for bankruptcy. We’re happy to get you in contact with our amazing team of chapter 13 bankruptcy attorneys and chapter 7 bankruptcy attorneys. Our bankruptcy lawyers will take care of you! 

Filed Under: Bankruptcy Education

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  • Comprehensive Real Estate Legal Services
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The Mellor Law Firm, APLC
6800 Indiana Avenue, Suite 220
Riverside, CA 92506
Phone: (951) 221-4744
Fax: (951) 222-2122
10.0Mark Albert Mellor

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