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It's always smart to consult a lawyer before filing for bankruptcy, and in some cases it's required. There are two standard ways for individuals to file for bankruptcy, each named for the section of the legal code that governs it.
Chapter 7, or "straight bankruptcy." You ask to be released from all your debts, after selling all your assets to pay creditors. Some assets, like your home, may be exempt from sale. Some debts, like taxes, fines, alimony and student loans must still be paid. You can file for straight bankruptcy only once within a six-year period, and you should work with an attorney to do it.
A lawyer is required if you want to file for Chapter 13 bankruptcy. The purpose of Chapter 13 is to allow people to retain their property and to avoid the stigma usually associated with the term bankruptcy. A court approves a plan to pay out creditors over three to five years using your wages. Payment is not necessarily in full. The plan is supervised by a court-appointed person, called a trustee. Some income, like child support, is excluded from the payment plan and must be paid in full.
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