As people overwhelmed with credit card bills, loan debt, mortgage payments, and other forms of secured and unsecured debts assess their options for getting their finances back to a manageable place, they often consider filing for bankruptcy protection.
Filing for bankruptcy protection is a complicated and often overwhelming process. To then hear that your claim is dismissed is not only frustrating, it can induce anxiety knowing that the pressure of your debts has not been resolved and that it’s only a matter of time before the collectors start calling again.
One of the key phases of filing for bankruptcy is taking a thorough inventory of your financial status. This includes your income, the assets you own (including currently-owned or recently-transferred property of yours), your monthly budget/living costs, and of course, a detailed accounting of the debts you owe.
Despite the generally negative connotation of debt, there are important benefits to carrying debt and eventually paying it off. Perhaps most obviously, taking on debt and making monthly payments in full helps you build good credit, allowing you to secure the best interest rates and/or highest limits on future credit cards, loan applications, car purchases, and home mortgages.
According to New York’s Civil Practice Law and Rules (CPLR) section 213 and understanding that most debts are considered “a contractual obligation or liability,” creditors have six years in which to file a collection lawsuit against a debtor.