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Bankruptcy: Fiction and Fact

Bankruptcy Definition

I speak to or meet with people every day who report hearing many of the common myths about filing for bankruptcy protection. Often these misconceptions come from, “word on the street”, research on the internet, or stories from someone who heard from someone about these various facts. Let’s address a few:

FICTION: If I file for bankruptcy I will be labeled a “deadbeat”.

FACT: Nothing could be further from the trust. Most, if not all, of my bankruptcy clients have come to me for held due to unforeseen circumstances, such as job loss, medical problems, or from trying to help friends and family in their times of need. Bankruptcy is a system devised to give people a fresh start, not to judge or demean. Getting help when you need it is a strength, not a weakness.

FICTION: Everyone will know that I have filed for bankruptcy.

FACT: Although bankruptcy is public record, most newspapers have stopped publishing bankruptcy filings for all but the largest business in our area. Someone would need to be searching through the public record database to find your bankruptcy filing.

FICTION: You will lose your home, your car and your personal possessions if you file bankruptcy.

FACT: Bankruptcy is designed to help you protect your possessions from your creditors. In most cases this includes your home, your car, and all of your personal property. Without filing bankruptcy, creditors would have the right to levy against your assets, and may seize and sell them.

FICTION: You will never get credit again if you file for bankruptcy.

FACT: This is totally false. Please refer to my other blog regarding how bankruptcy can improve your credit score.

FICTION: Bankruptcy laws have changed, making it impossible for people to file.

FACT: Although the bankruptcy laws underwent an overhaul in 2005, most people still qualify for some type of bankruptcy relief. Now, more than ever, it is important to consult with an attorney whose practice is focused on bankruptcy law, such as Freiman Law, P.C. and Adam M. Freiman, Esquire.


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