It is a common misconception that bankruptcy ruins people. There is a lot of money to be made by “debt settlement” companies and a lot of money is spent on making you believe bankruptcy will ruin your for life. The truth is bankruptcy is a tool to help people get back on their feet and have a brighter financial future. After filing bankruptcy you may receive credit card offers within months, be eligible for vehicle loans, and qualify for a mortgage loan after two years if you are income eligible. If people really knew the truth about how helpful bankruptcy can be the decision to file would be much easier.
The two types of bankruptcy our Oakland office concentrates its practice on are chapter 7 and chapter 13 bankruptcy. The most common bankruptcy is a chapter 7 which is a total liquidation of your unsecured debts such as medical bills and credit card debt. In a chapter 7 bankruptcy, you make no payments to your creditors and at the end of three months receive a discharge of your debt. In a chapter 13 case, you will make a monthly payment to the chapter 13 trustee, which will then be allocated among your creditors. In many cases, this monthly payment will only be used to pay secured creditors like your vehicle loan or mortgage arrears. If you are required to repay your unsecured creditors, you generally will only end up paying them pennies on the dollar.