Hỏi về khai phá sản

[tontran]

Nợ credit card nhiều quá không trả nổi ! Khai bankruptcy có được xoa nợ không ?
Cảm ơn

[langthangcoctu]

tai sao lại kko?

[sang]

Việc đầu tiên anh tìm và tham khảo trao đổi với một luật sư chuyên về tài chánh và luật phá sản ở tiểu bang anh đang cư ngụ nếu như số nợ quá lớn không có thể trả hết. Nếu như nợ từ $80,000 đến $100,000 USD hoặc hơn, thì hãy nghĩ đến phương cách cuối cùng này. Còn ở dưới mức như trên thì không nên khai phá sản!

Tham khảo thêm:

wikiHow: How to File Bankruptcy in the United States

U.S. Courts: United States Bankruptcy Courts

Wikipedia: Bankruptcy in the United States

Tips:

Make sure you do research. This allows you to be informed and proactive.

Even rich people file - in fact, most often these are the people who use the system to their benefit, so you should as well!

Make sure to include all of your eligible debt.

There are some debts that can not be discharged. This includes student
loans and tax bills. However, in most cases, these organizations will work with you.

Remember that after you have filed, the "automatic stay" is in effect and creditors cannot contact you or try to collect the debt. If they do, they are breaking the law and you need to notify your lawyer.

Although bankruptcy stays on your credit report record for up to 10 years, you will be able to re-establish credit. There are many companies who specialize in helping people to re-establish their credit. The fees may be higher, but in the long run, this can help you (if you are responsible).

Your employer and landlord will not be informed of your bankruptcy, unless they are a creditor. However, because this is a matter of public record, anyone who is curious can find out that you indeed filed.

Keep all of your bankruptcy filing records for at least a year after filing, including all back-up documentation.

The parties to which you owe debts can decide to challenge the discharge of a particular debt or of your entire discharge any time from the day you file the case through the 60th day after the date first set for the meeting of creditors. This almost never happens, because the burden of proof is almost always on the creditors, and often their insurance will cover a discharge of debt.

Make sure that you have a good rapport with your lawyer, and that you are comfortable.

Warnings:

Credit repair companies are often bogus - you end up with more debt!

Bankruptcy can stay on your credit record for up to 10 years after filing. Upon doing a credit check, a potential employer will learn that you filed a bankruptcy case. Many companies don't like to see a bankruptcy.

You can only receive a chapter 7 bankruptcy discharge once every eight years, so be careful about the amount of debt you take on after your chapter 7 case has been discharged. Chapter 13 bankruptcies can be filed at any time.

The law has changed under BAPCPA on how bankruptcies can be filed and eligibility for chapter 7. Now that the BAPCPA has gone into effect, it is extremely important that you consult with an attorney in order to determine your eligibility to file a chapter 7 case.

If you are going to file a chapter 7 case, lawyers can only accept installments for the attorney's fee prior to filing the chapter 7 case. As noted above, if you have not fully paid the agreed fee prior to the filing of the bankruptcy case, your lawyer has to waive the balance in order to continue representing you because the lawyer cannot be your creditor. A lawyer who seeks to collect the unpaid portion of the prepetition attorney's fee after the chapter 7 case has been filed is violating the automatic stay, which means they can't pressure you to pay them the balance of the prepetition attorney's fee after you file.

Source: How to File Bankruptcy in the United States

[ciditin]

maybe out of topic, what if I didn't file tax a few years back, while on some little business. Will it come to haunt me later with the business gone, I mean the IRS will come knocking?

[toronto]

thank you