Benefits of Bankruptcy
March 20, 2023
Primary Benefits of Filing for Bankruptcy Protection
The Primary Benefits of Filing for Bankruptcy Protection Are Four-Fold
Upon the filing of a bankruptcy case, creditors are generally barred from commencing or continuing with any/all legal action against you as result of what is called the "Automatic Stay" of the U.S. Bankruptcy Code going into effect. All debt collection including, creditors' telephone calls, car repossessions, mortgage foreclosures and other lawsuits are stayed, i.e., must immediately stop.
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2. All legal action by creditors to try to collect discharged debts are, for the most part, stopped permanently when the Bankruptcy Court issues its Discharge Order, which discharges all “dischargeable debts”. However, some types of legal action are only stopped temporarily, i.e. only for as long as the debtor(s) bankruptcy case remains open or until the creditor files an Application and successfully procures an Order from the Bankruptcy Court lifting the Automatic Stay. Mr. Alster can tell you which types of debts, if you have any, which would not be permanently discharged by your prospective discharge order. Even if you have a debt which is not dischargeable, it is not likely that the creditor will seek relief from the Bankruptcy Court’s automatic stay and therefore would not be able to continue any legal action against you while your bankruptcy case remains open.
3) Most consumer bankruptcy cases successfully end with the issuance of the Bankruptcy Courts Discharge Order, which forever discharges all the debtor(s) dischargeable (general unsecured) debts. The Bankruptcy Court's discharge extinguishes most credit card and medical debts, as well as many other types of general unsecured debt.
Creditors with dischargeable debts that may have procured a money judgment against a debtor prior to the filing of the debtors’ bankruptcy are for the most part considered unsecured and, as such, are forever barred from taking any affirmative action to attach the debtors’ property, garnish the debtors’ wages or take any other action to satisfy their judgment against a debtor’s property. However, if the judgment creditor dockets their judgment as a lien with the Clerk of the Superior Court in New Jersey and the Supreme Court in New York State, the judgment creditor is considered to be a secured creditor only with respect to real property owned by the debtor. Accordingly, if the debtor is being sued it is beneficial for Debtor, who otherwise qualifies for bankruptcy protection, to file for protection prior to any of his/her creditors’ ability to procure a judgment against the debtor. While judgment liens can be removed by the debtor as long as the debtor(s) assets fall within the Bankruptcy Exemptions allowed by the U.S. Bankruptcy Code, this costs additional legal fees and naturally should be avoided if possible.
4) Available in a reorganization type of bankruptcy only, such as Chapter 13, is a bankruptcy repayment plan will allow debtor(s) to payoff unpaid taxes or mortgage arrearages over a period of up to five (5) years. In a Chapter 13 case, debtor(s) may also be allowed to reclassify a secured creditors debt from secured to completely or partially unsecured, depending on whether there exists any equity in the collateral used to secure the debt, i.e., a second or third mortgage lien on debtor(s) residence may be completely reclassified from secured to completely unsecured, and thereafter discharged at the end of the bankruptcy case when there is no equity in the real property securing the mortgage (i.e. when the mortgage obligation is completely underwater).
Searching for a lawyer for a bankruptcy case in Hackensack, NJ? To learn more about the benefits of bankruptcy and to get started on the road to a financial freedom contact our Hackensack bankruptcy firm today.
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