How To Claim Bankruptcy

The term, how to claim bankruptcy, can be better defined as how to file bankruptcy. Under U.S. federal law, all citizens of the country have the right to declare bankruptcy or insolvency to gain relief from a debt burden. New laws enacted in 2005 have made the process of filing bankruptcy more difficult and it is for this reason that it is a recommendation that anyone considering bankruptcy file it with an attorney. Individuals who make the decision to file bankruptcy will need to show all assets and liabilities in a court of law. This occurs through a bankruptcy petition. Creditors receive the opportunity to fight such claims of insolvency and may appear in court to fight these charges. Once the petition is on file, the judge will dismiss the debts, under Chapter 7 bankruptcy, and the debtor is no longer required to repay those debts.

Fast Facts

  • If a creditor tries to claim a debt discharged during bankruptcy, the creditor has no legal right to do so and may face legal harassment charges if they continue to do so.

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