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Bankruptcy Myths...
and the REAL TRUTHS

  • Myth: Everyone will know that I have filed for bankruptcy.
    Truth: Technically, Chapter 7 filings are public records and it is possible for anyone to find out. However, unless your employer (or neighbor or mom) searches bankruptcy filings, it is unlikely anyone will find out.
  • Myth: I will lose all my stuff.
    Truth: Most people who file for Chapter 7 keep everything. They keep their car, big screen tv, clothes, furniture, and everything else they own because the law provides a right for people to keep exempt assets.
  • Myth: I will never get credit again.
    Truth: NONSENSE! Within the first few weeks of having their bankruptcy discharged, many individuals report getting 3, 5 and even 10 new credit card offers in the mail. In fact, a car company will probably tell you that you qualify for a brand new car within your first few months after bankruptcy. Stay away, the interest rates will likely be high until you repair your credit.
  • Myth: Bankruptcy is immoral. Only bad people or dead beats file bankruptcy.
    Truth: Abraham Lincoln, Ulysses S. Grant, Henry Ford, Walt Disney, Milton Hershey (Hershey's Chocolate), Henry Heinz (Ketchup), and even Thomas Jefferson have filed bankruptcy! Bankruptcy was created to permit good people to wipe out their debts and get a fresh start. In fact bankruptcy's history is traced all the way back to the Bible. Deuteronomy 15 specifically told creditors that they should cancel the debts of those that owed money every seven years. It is no coincidence that our founding fathers created a right of bankruptcy for individuals who were drowning in debt and had no way to escape
  • Myth: If I don't pay, creditors will continue to harass me.
    Truth: As soon as you file, an automatic stay goes into effect in most cases. This “stay” prohibits all creditors from doing anything to collect upon any debt listed in the bankruptcy filing. They cannot call, harass, write, or do any other act until the Court either discharges your bankruptcy or determines that you are not entitled to such a discharge.
  • Myth: Filing bankruptcy will ruin my credit for 10 years.
    Truth: NONSENSE! If you accept one or two new credit cards and responsibly use them by charging small amounts every month and paying the balances in full each month, you will show your creditors that you have learned from your past mistakes and are now credit worthy. By managing credit in this way, you will quickly improve your credit, often having very good and even excellent credit in less than 3 years. Another important tip is to consider an installment loan (such as a used car loan). By having different types of credit and using them responsibly, your credit scores will increase more quickly.
  • Myth: Bankruptcy won't work for me. I owe back taxes and my pay is being garnished.
    Truth: Generally, income taxes over three years old are dischargeable. As soon as your bankruptcy is filed, wage garnishment must stop!
  • Myth: I filed for bankruptcy in the past and cannot file again.
    Truth: There are certain time restrictions, but in general, an individual may file a second bankruptcy so long as the applicable time period between bankruptcies have elapsed. Consult with a bankruptcy attorney in your area for specific time frames.
  • Myth: You can't file bankruptcy any more.
    Truth: The Bankruptcy Code was revised in 2005 and there are now income limitations, but every individual is eligible to file bankruptcy. A bankruptcy attorney will be able to help you determine under which chapters you may file.
  • Myth: It is really hard to file bankruptcy now.
    Truth: When there are rules and procedures, it is hard to do anything unless you have experience. When you have a toothache, that is throbbing and you can't sleep, you don't try and fix it yourself. You go to a dentist to take away your pain. With financial burdens, an experienced bankruptcy attorney can remove financial pain, relieve stress, and help you get a fresh

Bankruptcy Checklist

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Welcome to Bankruptcy4usa.com.

Are you being crushed by a mountain of debt? Bankruptcy is NOT for everyone. Our attorneys will help you make the right decision.

Bankruptcy4usa.com provides accurate and timely information so that you can make your decision based on the facts and not the lies spread by banks, credit card companies and other lenders. Since bankruptcy laws vary from state to state, you will want to consult with an attorney specifically located in your state.

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Things You Should Not Do:

  • Don't transfer your car to your relative or friend because you think you will be able to protect it.
  • Don't move out of your home just because it is in foreclosure. Even if you are going to surrender and move out, you can remain in the home and save money, which you can use for moving expenses and to get a fresh start.
  • Don't fail to list jewelry just because you are afraid that it will be taken. Experienced practitioners can take advantage of state and federal exemptions to protect certain jewelry.
  • Don't transfer the deed to your home because you are having trouble!
  • Don't take money out of your 401k or IRA's. Qualified accounts are protected from being taken from you (subject to certain limitations).
  • Do tell your attorney the truth. Bankruptcy fraud is a federal crime.

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