Can I Go to Jail for Filing Bankruptcy?

Posted on behalf of Phillips Law Group on May 05, 2010 in Local

Fear is one of the dominant emotions when someone is experiencing financial difficulties. This fear comes from a foundation of shame and embarrassment for being behind on bills, from intimidation based on the sometimes extreme threats made by creditors in the form of letters and phone calls and the possibility of losing everything that a person has worked for over the course of several years. Some people who find themselves in this situation develop a real fear of being sent to jail because of their troubles, and many have asked experienced Phoenix bankruptcy lawyers if they can go to jail for filing for bankruptcy protection. Below is an answer to this question that will hopefully eliminate this fear of incarceration.

Filing for Bankruptcy in AZ Can Not Land You in Jail

During the beginning stages of the United States as an independent country, there were debtor's prisons that were used to incarcerate people who did not pay their debts. However, these types of prisons have not existed since 1833, when a federal decree eliminated them because of basic Constitutional rights concerns. Since then, there have been no such prisons in existence, and creditors do not have a right to seek prison time for failing to pay debts owed to them. In fact, making such a threat to a debtor can constitute a violation of the Fair Debt Collection Practices Act (FDCPA), as they have no power to enforce such a threat.

Debtor's Prison and Arizona Bankruptcy Lawyers

Therefore, if someone decides that filing an Arizona bankruptcy case is the proper option to use in order to get out from under a mountain of debt, jail time should not be a concern. There are certain rare situations in which a debtor could face legal problems if he or she engages in fraud while moving through a bankruptcy case, but as long as the documentation for such a case is prepared honestly and basic steps are taken, these situations should not arise. All you need to do to begin the process of moving out from under your mountain of stress is to seek the help of an experienced Phoenix bankruptcy lawyer who can guide you through this process and help you to achieve the fresh financial start you need. Contact the attorneys atMontano Arentz & Associates, PLLC today to analyze your financial situation and to take back control of your finances and your quality of life.

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