Bankruptcy is a federal law. Its ultimate purpose is to give distressed debtors a fresh financial start. The federal bankruptcy law does provide debtors certain protections upon the filing of their bankruptcy petition with the bankruptcy court. First and foremost is the automatic stay provided by the bankruptcy code, which in most cases stops all lawsuits that may be pending against the debtor.
Additionally, the law is intended to protect certain assets of the individual by way of statutory exemptions. These exemptions are explained in great detail when the client meets with the attorney. The bankruptcy filing in and of itself generally stops harassing phone calls, stops foreclosure, stops wage garnishments, and as previously mentioned, stops lawsuits that may be adverse to the debtor.
Should you be behind on your home mortgage payments, the bankruptcy code would allow the filing of a Chapter 13 (save-the-home plan) allowing the debtor to retain the home and work out a plan to pay back arrears owed.
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*This does not constitute legal advice. The bankruptcy content of this web site relates to Indiana residents only.