For many, filing for bankruptcy is difficult since no one desires to be thought of and labeled a deadbeat. From an early age, it is engrained in our DNA to be responsible and to take care of our obligations. Thus, feelings of shame strike even the most proud when struck with unfortunate and, oftentimes, unforseen circumstances where one finds his- or herself on the brink of financial ruin and contemplating the inevitable -- BANKRUPTCY.
Rest assured, you are NOT ALONE!
First of all, bankruptcy is a new beginning. It is a legal means to allow one to recover from financial hardships brought on by a job loss, a death of a breadwinner, a pay cut, a disability, a market downturn, or even those who overextended themselves when times were plentiful. Whatever the situation you may find yourself, bankruptcy offers all individuals and businesses an opportunity of a FRESH START.
Here are the basics:
A petition is filed by a debtor, though, creditors could file in place of a debtor (uncommon).
The Debtor files schedules detailing their assets and liabilities.
The Debtor meets with a Bankruptcy Trustee who has been assigned to their case who will go over all of the Debtor's schedules. The Trustee will also request from the Debtor bank records and tax returns.
If the Debtor has assets that are valued above the exemptions limit or are outside of the legally allowable exemptions the Trustee will attempt to seek turnover or payment of these assets.
Your attorney will negotiate with the Trustee any claims and come to a settlement that the Debtor agrees with and upon this agreement a discharge of your debts will be issued by the Court.
As simple as this may seem, the process itself is difficult. Nonetheless, attorneys SEAN ESPENSHIP and STEVE ALBEE will walk you through it and determine what type of bankruptcy is right for you. Whether it be a Chapter 7, a Chapter 11, or a Chapter 13, it is important you are steered in the right direction. So, if you are at the point of considering bankruptcy after coming to grips with it mentally, and taking stock of what you earn, what you own, and what you owe, then now is the time to act by calling either SEAN ESPENSHIP or STEVE ALBEE at (904) 674-0717. We will help you make that decision.
DISCLAIMER -- This basic overview is just that, it should neither be regarded nor relied upon as a legal opinion. Each case is different and requires individual advice. If you have an inquiry, or a concern, please contact us to schedule a FREE consultation.
*ESA Law Group is a federally recognized Debt Relief Agency.