Wednesday, July 17, 2013

Important Information About Filing Bankruptcy

By Danielle Galloway


Filing bankruptcy is not an experience that anyone enjoys. However, bankruptcy may be an appropriate option for those who are continuously being contacted by creditors, but have no realistic way of repaying the money they owe. In such cases, going bankrupt maybe one's only option.

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.

Personal bankruptcy is typically filed under Chapter 7, during which the person's property and belongings are liquidated and distributed to his or her creditors. A person may also decide to file under Chapter 11, which is a bit different from the aforementioned process. Chapter 11 offers the filer the option of paying off certain loans with future income, while entirely discharging others.

Businesses usually file under Title Thirteen. The latter provides a way for the corporation to reorganize and continue to conduct business while paying back some of the money they owe. However, there are frequent changes to bankruptcy law, and for this reason it is a good idea for individuals to consult with a lawyer prior to taking such action.

Bankruptcy was designed to halt the ongoing deadlock that exists between borrowers and lenders when the former have no reasonable hope of paying back monies owed. However, the process should not be abused or considered an avenue through which one can ignore financial obligations to various lenders. Rather, the process was created to provide someone who is hopelessly overwhelmed with debt to keep his or her household going, while attempting to compensate his or her various 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.

Although bankruptcies can be handled without legal representation, this is not typically a wise course of action. Most people report feeling more confident when they are represented by a lawyer. When selecting an attorney to handle one's case, choosing a firm that has extensive knowledge about all types of bankruptcies is in the consumer's best interest.

Numerous attorneys provide free consultations during which one can make inquiries about the process and receive advice. If the lawyer gives only vague answers and seems disinterested in one's case, the client may wish to hire a different person for the job. It is essential to remember to ask how much the legal help will cost and approximately how long the process will take. No matter why a person is filing bankruptcy, he or she will certainly experience less anxiety when the matter is turned over to a qualified attorney.




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