Debt Relief
Besides the regular bankruptcy laws, there's also
a little-known and little-used method of getting reorganized
with your debt, particularly when you've got a steady
job and just need more time to straighten your indebtedness
out. This is the wage-earner's provisions of Chapter
XIII of the Federal Bankruptcy laws. Basically, these
provisions allow you to make new arrangements with
your creditors and pay off all your debts over a new
3-year period of time. When you filed for indebtedness
relief under the provisions of this law, nothing is
recorded permanently on your credit record. You get
to keep all your assets, but you must pay off all
your debts.
Debt Reduction
But, so long as the Court grants you relief under
these provisions, and you pay your creditors according
to the repayment schedule agreed upon by the Court,
your creditors cannot bother you. Even if they have
begun a suit against you, once the Court has given
you relief, they cannot touch you! Once you've filed
under these provisions, your creditors are immediately
restricted from even contacting you, and get only
what the referee or trustee doles out to them. Often-times,
if a creditor threatens to sue you, the most effective
thing you can do is to tell him frankly that if he
sues you, you'll have no other alternative except
to file bankruptcy papers. In many instances, this
will cause him to take a second look and to do whatever
he can to assist you in paying him the money you owe,
but over a longer period of time, and at smaller monthly
payments.
Debt help
The absolute bottom line is that your creditors know
only too well that if you do file for bankruptcy,
their chances of receiving even half of what you owe
is practically nil. Thus, it's in their best interest
to do everything they can to help you to continue
making payments on the amount you owe, regardless
of how small those payments may be. When a creditor
does sue you, and gets a judgment against you, he
can then get a court order directing the sheriff to
seize your personal property and sell it, with all
monies realized going to the creditor to satisfy your
debt. When they see this about to happen, many people
connive to make themselves "judgment proof."
In other words, they hide their assets or move them
out-of-state before the sheriff or Marshall arrives.
This is illegal, but is done as often as not. Many
creditors will attempt to "garnishee" your
wages.
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