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Chapter 7 Bankruptcy Benefits Thousands of New Jersey Residents
Each day there are thousands of people across the United States that consider filing for bankruptcy. However, the uncertainties of bankruptcy prevent many from taking the next step for a fresh financial start.
December 08, 2011 /24-7PressRelease/ -- Chapter 7 Bankruptcy Benefits Thousands of New Jersey Residents
Bankruptcy can be beneficial for people in a variety of circumstances. Some families might struggle to afford unexpected medical costs, while many people have lost their job due to company cutbacks and the poor economy. However, it is important for people to realize that everyone might be eligible for a fresh financial start even in these tough economic times.
According to the American Bankruptcy Institute, New Jersey residents filed roughly 20,000 bankruptcy petitions in 2007, and more than doubled that number in 2010 by filing roughly 41,000 petitions. Each person that filed for bankruptcy undoubtedly had concerns before submitting their petition, but in the end realized the many benefits bankruptcy has to offer.
Benefits of Chapter 7 Bankruptcy
People who file for bankruptcy will receive immediate relief from collection efforts. Creditors will no longer call during dinner hours, are prohibited from sending collection letters, and they must put all foreclosure proceedings on hold until after the bankruptcy process is complete.
This immediate relief is due to an automatic stay that goes into effect once the petition is filed. This automatic stay prohibits all collection efforts and assures stiff penalties for any creditor who violates it.
Next, many people worry they will have to sell all of their property during the Chapter 7 liquidation process. This is incorrect. Both state and federal law allows people to exempt some of their property, such as sentimental items, the equity in a home, many necessities and items required for employment.
However, the exact property that can be exempted depends upon the property's value, in which state the debtor files and under which chapter of the federal bankruptcy code. Anyone considering bankruptcy should speak with an experienced bankruptcy lawyer for an analysis of their specific situation.
Chapter 7 Discharge
After determining what property is exempt, the non-exempt property is auctioned and distributed to creditors. Once this process is complete, most -- and occasionally all -- of a person's debts are discharged.
Debts such as medical bills, credit cards, certain loans and court judgments are typically all dischargeable in Chapter 7 bankruptcy. However, many types of debt survive the bankruptcy process including student loans, alimony, child support and taxes. As a result, anyone considering bankruptcy should consider consulting a qualified attorney to discuss their eligibility and whether Chapter 7 bankruptcy is appropriate.
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