What Does It Mean to “Declare Bankruptcy?”

Is declaring bankruptcy different from filing bankruptcy, or talking with a bankruptcy attorney?

Well, for starters, declaring bankruptcy is nothing like this:

It’s actually the same as beginning the bankruptcy process, which starts by filing a petition with a bankruptcy court. That petition is what protects you from creditors and sets up your estate for the bankruptcy.

Before you can declare bankruptcy, the law requires that you go through a short credit counseling program that firms like ours offer in the same location as your initial appointment. After that, you’re free to sign paperwork and “declare” bankruptcy with the help of your attorney.

By signing with a bankruptcy attorney, you’re declaring your intent to enter a bankruptcy based on the state and federal laws under which you’ve filed.

That may mean paying back your debt through a Chapter 13 payment plan or having most of your debt erased through a Chapter 7. The choice depends on your own preferences and financial situation; and an attorney can help you figure out which one is best for you.

If you’re interested in declaring bankruptcy but have concerns about the process or how it might affect you, feel free to contact us, or give our attorneys a call at 901-327-2100. We’d be glad to answer your questions.