Bankruptcy is not the end of everything rather bankruptcy laws attempts to give the debtor an opportunity to make a new beginning and improve upon his/her credit history. A case of bankruptcy is initiated when an individual fails to return the loan amount owing to unavailability of any financial resource and therefore files a petition stating the same in a court of law. Along with the petition, the defaulter also needs to submit a statement that lists his/her liabilities and assets and the creditors.
The properties that an individual can retain even after filing for bankruptcy is determined by the respective state statutes and these are known as exemptions. Therefore, if you are a resident of the state of Maryland, then a Maryland bankruptcy lawyer can guide you with the specific exemptions. Some of the states even allow their citizens to opt for federal exemptions rather than the ones framed by the state laws.
Bankruptcy laws are more or less uniform throughout the country and personal bankruptcy cases are filed under Chapter 7 and Chapter 13. While Chapter 7 calls for the repayment of the outstanding debt through the liquidation of the assets, Chapter 13 arranges for a repayment within a set structure over a three to five year term with the debtor securing the amount from a regular source of income.
Now what drives an individual to file a bankruptcy petition? The reasons can be many and diverse. People often run out of their savings due to the sudden occurrence of an accident, medical expenses, unemployment, credit card debt and even a personal issue like divorce. Filing for a bankruptcy case is an important decision and such a case is complicated enough. Though you can fill out and submit the bankruptcy forms on your own, it is advisable to take the advice of an attorney who can suggest the course of action.
