Saturday, August 4, 2012

A Bankruptcy Attorney Is The Best Way For Debt Resolution

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With America seeing one of the worst recessions since the Great Depression, it's no surprise that over 1 million individuals will file for bankruptcy this year. Many citizen have been putting off filing bankruptcy over the last join years hoping that things were going to get better. Agreeing to the data, it seems to be getting much worse.

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How is A Bankruptcy Attorney Is The Best Way For Debt Resolution

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Unemployment is standing at 9.2% nationwide without taking into consideration the whole of individuals that are partially employed or have just given up going back to work completely. These citizen fall off the radar and are no longer recorded as a statistic.

Prior to filing bankruptcy, many Americans in debt will run to their family to borrow money. If the debtor pays their family back before filing bankruptcy, there is a big problem with this. If they are considering filing for bankruptcy it could be a big mistake if it is done within a year of the filing. The bankruptcy trustee can ask the family member or friend who loaned the money and was paid back to return the money because it belongs to the bankruptcy estate. Many citizen think that they can replacement asset or cash prior to filing bankruptcy to family member to protect it and hide it, but if it gets found out it could cost the filer the discharge of the bankruptcy and perhaps even being expensed with fraud by the bankruptcy court. There are many ways in a bankruptcy that a debtor can get caught.

Past relationships that went south or jealous neighbors who found out about the bankruptcy filing settle to put in their two cents. And in our high-tech electronic world it's easy for the bankruptcy court to find out a replacement of funds. In a bankruptcy filing the debtor is responsible to furnish up to two years of bank records which show a lot about a person's life. It's best to throw it all out there on the table of the bankruptcy attorney and let them figure out how to protect it.

Many citizen in financial ruins have tried all the dissimilar programs to avoid filing bankruptcy. There has been a huge marketing push for debt consolidation and debt settlement. Reasoning they are doing the right thing many debtors have signed up for debt community programs and not had the results they were promised. While, debt community companies offered to be a liaison between the debtor and creditor and negotiate the balance down as much as a 75%. They initially begin taking money from the debtor to build up a adequate whole to endeavor to settle the debt with the creditors. First of all, if the debtor wants to settle a debt and get a creditor to fee it off they don't need a middleman to do so. There are many things that can go wrong in the debt community process.

The debt community business is not regulated by anyone and the creditor does not have to abide by any actions the community business is offering. If the debtor is no longer paying their prestige card because of negotiating to settle the debt, there is nothing stopping the creditor from filing a lawsuit to get a judgment against the debtor. Another problem that has arisen from these deals is many creditors will file a 1099C with the Irs making the debtor responsible to pay taxes on the whole the creditor wrote off. The lowest line is, the debt community business ends up with the gold mine and the debtor gets the shaft.

That's why bankruptcy is the only legal form of debt resolution that works. Although there are no guarantees when filing bankruptcy, if the debtor uses a bankruptcy attorney to do the filing, the attorney will probably know what the outcome is because of their past experience.

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