Essential Tips About Filing Bankruptcy

By Danielle Galloway


Virtually all individuals would agree that filing bankruptcy is not a pleasant undertaking. In numerous instances, however, it is an individual's only alternative. If one is continuously being contacted by creditors and collection companies, but has no realistic hope of satisfying the outstanding debt, the only suitable option may be bankruptcy.

Voluntary bankruptcy is defined by the United States legal code as a process whereby a person or corporation can have debts discharged by declaring an absolute inability to repay monies owed. The procedure can also take place on an involuntarily basis. In the latter scenario, lenders are allowed to force those who have borrowed money to answer for their delinquency. In both cases, such bankruptcies are filed under Title Eleven or Title Seven.

Most individuals can choose to file under Chapter 7. They must be willing to liquidate their property and belongings to pay back the institutions to which they owe money. A person may also decide to file under Chapter 11, which differs somewhat from Chapter 7. Under Title Eleven, the filer is allowed to discharge certain loans completely, while others must be paid off with his or her future earnings.

Businesses usually go bankrupt under Chapter Thirteen. Title 13 allows entrepreneurs to maintain their business and restructure it while paying off some of their debt. It is always wise for individuals or businesses to avail themselves of the services of a lawyer prior to beginning such proceedings. This is because the laws concerning the numerous options often change without much warning.

The reason this process was designed was to end the checkmate between borrowers and lending institutions. This is because in certain cases, borrowers have no reasonable hope of being able to satisfy the demands of the establishments to whom they owe money. However, bankruptcy should not be regarded as a way for a borrower to ignore his or her financial responsibilities to various creditors. Rather, the procedure was created to provide those whose situations are hopeless with a way to maintain their households, while offering a certain amount of compensation to their creditors.

The primary benefit for those who go bankrupt is the discharging of unsecured debts. Further advantages include the cessation of collection activity: creditors and lenders must refrain from pursuing the filer once he or she has begun the bankruptcy process. Another benefit associated with bankruptcies is that most consumers can eventually improve their credit score, as a significant reduction in the number of open accounts in their name typically occurs after the process is complete.

Even though the process of going bankrupt can be handled without legal assistance, this is not generally a good idea for most individuals. When represented by an attorney, most petitioners feel much more confident. It is important to choose a firm that has extensive experience with bankruptcy court, as this helps to ensure a positive outcome.

Many lawyers offer free consultations during which an individual can obtain advice and ask questions. If the attorney seems disinterested or only gives vague answers, one may wish to consider another professional. It is important to remember to discuss aspects such as fees, and how long the attorney anticipates the process will take. Regardless of one's reason for filing bankruptcy, he or she will discover that the situation will be much less stressful when turned over to an experienced legal professional.




About the Author:



Aucun commentaire:

Enregistrer un commentaire