Is Chapter 7 Bankruptcy a Viable Option for Seniors?
Chapter 7 Bankruptcy | Some older residents of Florida may find that the burden of their debt load has become overwhelming. Such circumstances may result from medical expenses, financial aid provided for needy children and, in some cases, even student loans. Unfortunately, many seniors are embarrassed by their situations, and they delay taking action to remedy their financial quandary. In an effort to overcome the predicament, some drain their retirement accounts, leaving them destitute in their retirement. Some will not even consider Chapter 7 bankruptcy because of the negative connotations afforded to it.
Negotiating with credit card companies and even medical creditors may provide some relief, but it may only prolong the dire situation. Chapter 7 bankruptcy is also known as liquidation bankruptcy, because it involves the liquidation of some assets. But, it will also discharge most unsecured debts, such as credit card debts and medical debts. There are ways by which retirees can avoid having to give up their homes, by taking advantage of the homestead exemption allowed under state law to keep their estates intact.
Some assets can be protected in bankruptcy. Under federal law, retirement savings and income can commonly not be jeopardized in bankruptcy. Qualified profit sharing plans, 401(k)s, and pension plans, along with individual retirement accounts of specific values and Social Security, are not accessible to creditors. There are, however, some debts that will not be discharged, including recent federal tax bills and student loans, along with child and spousal support.
Retirees in Florida may benefit greatly from consultations with experienced bankruptcy attorneys. This will provide the opportunity to have all their questions answered, and the advantages, disadvantages and requirements of the different bankruptcy chapters explained. The unique circumstances of each person will determine whether he or she will qualify for Chapter 7 bankruptcy or for Chapter 13, which offers extended repayment options rather than liquidation. The significant protection provided by personal bankruptcy makes it a viable option for seniors to become debt-free without draining their retirement funds. – Orlando Bankruptcy
Specializing in bankruptcy and foreclosure law for over 20 years. Call attorney David Pinkston for a free consultation today: (904) 389-5880. #FloridaBankruptcyAttorney #FloridaBankruptcy
If you are thinking about #bankruptcy or #foreclosure in the Jacksonville, Florida area, you should call attorney David Pinkston. David is very experienced with all aspects of bankruptcy law yet very personable and easy to talk to. Call Us Today! (904) 389-5880
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