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November 1, 2010 By admin Leave a Comment

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Types of Bankruptcy

Author: Shaun N

Chapter 7 bankruptcy: Also known as liquidation (converting assets into money) or a straight bankruptcy. This is one of the faster ways of starting afresh and more so if there are no objections from any of the parties involved. Ordinarily, most (if not all) debts would be discharged within months of the attorney filing a bankruptcy petition. A trustee is appointed who collects all non-exempt property, sells the assets and distributes proceeds from this sale to appropriate creditors. Chapter 7 is different from other bankruptcy filings because the debtor needs not make a payment to the trustee.

Chapter 9 bankruptcy: The purpose of Chapter 9 is to provide a financially-distressed municipality protection from its creditors while it develops and negotiates a plan for adjusting its debts. Reorganization of the debts of a municipality is typically accomplished either by extending debt maturities, reducing the amount of principal or interest, or refinancing the debt by obtaining a new loan.

Chapter 11 Bankruptcy: Chapter 11 bankruptcy is known as the corporate bankruptcy or the reorganization bankruptcy. When business organizations are unable to pay their creditors or the claims of the creditors when exceed what the business organizations can pay, then the business organizations file for chapter 11 bankruptcy. In this bankruptcy, a reorganization of debts are as well the assets in possession of the business organizations are done, in order to help them relieve from a part of their debt and the remaining can be paid in best accordance to their ability.

Chapter 12 bankruptcy: entitled Adjustment of Debts of a Family Farmer or Fisherman with Regular Annual Income provides debt relief to family farmers and fishermen with regular income. The process under chapter 12 is very similar to that of chapter 13, under which the debtor proposes a plan to repay debts over a period of time – no more than three years unless the court approves a longer period, not exceeding five years. There is also a trustee in every chapter 12 case whose duties are very similar to those of a chapter 13 trustee. The chapter 12 trustee's disbursement of payments to creditors under a confirmed plan parallels the procedure under chapter 13. Chapter 12 allows a family farmer or fisherman to continue to operate the business while the plan is being carried out.

Chapter 13 Bankruptcy: is also known as restructuring where you file a repayment plan with the bankruptcy court proposing how you will repay your defaults to your creditors. The amount of money you'll have to repay depends on how much you earn, the amount of debt you owe, the types of debt you have, and how much property you own. you don't have to hand over any of your assets to discharge your debts, but you must make use of your income to pay off your debts over the due course of time – it's usually three to five years, depending on the amount of your debts and your income.

Chapter 14 bankruptcy: Chapter 14 Bankruptcy is recognized as the involuntary bankruptcy. In this bankruptcy the creditors file the bankruptcy appeal against their debtors. This bankruptcy is very rare, and most of the rare cases are seen in the corporate world rather than with individuals.

Chapter 15 Bankruptcy: This is a newly added chapter in the Bankruptcy code or may even be termed as the new type of bankruptcy which is designed for international state of affairs. This bankruptcy gives rights to foreigners to take part in the state's bankruptcies cases.

It is essential to understand the different types of Bankruptcy because some are not appropriate legal action for certain individuals.

Article Source: http://www.sooperarticles.com/finance-articles/bankruptcy-articles/types-bankruptcy-38847.html

About Author:
Shaun Nichols is the author of this contemporary article. He has briefly explained all the types of bankruptcy options available.

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Bankruptcy

October 30, 2010 By admin Leave a Comment

Laundry Bankruptcy (165/366) by 427

Four Questions To Ask a Bankruptcy Lawyer Before Signing

Author: BassFranklin

With the widespread changes that happened in bankruptcy law in 2005, it is more important than ever to hire a competent, experienced lawyer for a successful bankruptcy case. If you are considering filing for bankruptcy, you want to be fully informed about what a prospective lawyer can offer and what to expect from them before you sign a contract. Here are four questions to ask before signing a contract:

Should I file for bankruptcy or do I have other options?

This question covers a lot of ground and allows the attorney to talk with you about several different issues and discuss your options. It allows them to give a recommendation as to whether Chapter 7 or Chapter 13 is a better option for you, or even if there is an option outside of bankruptcy that you haven't considered. This overview will give you a clear understanding of the benefits and drawbacks of filing for bankruptcy and is a good place to start with a prospective attorney.

Who will actually be handling my case?

Sometimes the lawyer you are speaking to isn't actually the one who will be handling your case. It is important to know if they plan to pass the case on to someone else or will handle it themselves. There is typically a single hearing in bankruptcy cases, so if someone other than the lawyer you are speaking with is going to court with you, it is a good idea to talk to them so you can be comfortable with them and discuss the intricacies of your case.

How much of your time is devoted to bankruptcy cases?

If an attorney has 20 years of experience but only tries two or three cases a year, they won't be as experienced as a lawyer that does bankruptcy work exclusively for a much shorter period of time. Bankruptcy laws have changed, so it is important to know that your attorney is familiar with these changes and can make them work for you.

How much do you charge for your services?

This might seem like a no-brainer first question, but it is a good idea to ask it last. First of all, it gives you an opportunity to see all of the other services that the attorney plans to provide. There are a number of ways an attorney can request to be paid. Some work on cases on an hourly basis, while others may charge a flat fee, so it is a good idea to get an estimate of how much a case will cost. Additionally, it is important to know if there are any other expenses that may be incurred during their work that may be charged to you. Remember, like in so many other things, with a lawyer, you get what you pay for.

If you're searching for Los Angeles bankruptcy attorneys who will take your case from start to finish, visit blclaw.com or call the law office of Borowitz, Lozano & Clark at 800-509-3200 for a free consultation.

Article Source: http://www.sooperarticles.com/law-articles/four-questions-ask-bankruptcy-lawyer-before-signing-22152.html

About Author:
Brian Reed. Los Angeles bankruptcy attorneys Four Questions To Ask a Bankruptcy Lawyer Before Signing.

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Bankruptcies

October 29, 2010 By admin Leave a Comment

Laundry Bankruptcy (165/366) by 427

Types of Bankruptcy

Author: Rebecca Miller

  • Chapter 7 bankruptcy: Also known as liquidation (converting assets into money) or a straight bankruptcy. This is one of the faster ways of starting afresh and more so if there are no objections from any of the parties involved. Ordinarily, most (if not all) debts would be discharged within months of the attorney filing a bankruptcy petition. A trustee is appointed who collects all non-exempt property, sells the assets and distributes proceeds from this sale to appropriate creditors. Chapter 7 is different from other bankruptcy filings because the debtor needs not make a payment to the trustee.

  • Chapter 9 bankruptcy: The purpose of Chapter 9 is to provide a financially-distressed municipality protection from its creditors while it develops and negotiates a plan for adjusting its debts. Reorganization of the debts of a municipality is typically accomplished either by extending debt maturities, reducing the amount of principal or interest, or refinancing the debt by obtaining a new loan.

  • Chapter 11 Bankruptcy: Chapter 11 bankruptcy is known as the corporate bankruptcy or the reorganization bankruptcy. When business organizations are unable to pay their creditors or the claims of the creditors when exceed what the business organizations can pay, then the business organizations file for chapter 11 bankruptcy. In this bankruptcy, a reorganization of debts are as well the assets in possession of the business organizations are done, in order to help them relieve from a part of their debt and the remaining can be paid in best accordance to their ability.

  • Chapter 12 bankruptcy: Entitled Adjustment of Debts of a Family Farmer or Fisherman with Regular Annual Income, provides debt relief to family farmers and fishermen with regular income. The process under chapter 12 is very similar to that of chapter 13, under which the debtor proposes a plan to repay debts over a period of time – no more than three years unless the court approves a longer period, not exceeding five years. There is also a trustee in every chapter 12 case whose duties are very similar to those of a chapter 13 trustee. The chapter 12 trustee's disbursement of payments to creditors under a confirmed plan parallels the procedure under chapter 13. Chapter 12 allows a family farmer or fisherman to continue to operate the business while the plan is being carried out.

  • Chapter 13 Bankruptcy: It is also known as restructuring where you file a repayment plan with the bankruptcy court proposing how you will repay your defaults to your creditors. The amount of money you'll have to repay depends on how much you earn, the amount of debt you owe, the types of debt you have, and how much property you own. you don't have to hand over any of your assets to discharge your debts, but you must make use of your income to pay off your debts over the due course of time – it's usually three to five years, depending on the amount of your debts and your income.

  • Chapter 14 bankruptcy: Chapter 14 Bankruptcy is recognized as the involuntary bankruptcy. In this bankruptcy the creditors file the bankruptcy appeal against their debtors. This bankruptcy is very rare, and most of the rare cases are seen in the corporate world rather than with individuals.

  • Chapter 15 Bankruptcy: This is a newly added chapter in the Bankruptcy code or may even be termed as the new type of bankruptcy which is designed for international state of affairs. This bankruptcy gives rights to foreigners to take part in the state's bankruptcies cases.

It is essential to understand the different types of Bankruptcy because some are not appropriate legal action for certain individuals.

Article Source: http://www.sooperarticles.com/finance-articles/bankruptcy-articles/types-bankruptcy-35065.html

About Author:
Rebecca Miller is the contemporary writer of this article. Here she has discussed about the types of bankruptcy so that it helps a person to take a proper decision while filing for it.

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Bankruptcy Files

October 28, 2010 By admin Leave a Comment

Traces of an infamous existence by NYC.andre

Bankruptcy In Florida-What To Do If You Have To File For Bankruptcy In Florida

Author: William Perry

If you are ready to file for bankruptcy in Florida, there are some very important points you need to be aware of.

As many people are becoming farther and farther behind in paying off their bills nowadays, filing for bankruptcy is an all too common occurrence, and if you find yourself in this situation, keep in mind that you definitely aren't alone.

Many people have to do this painful process everyday. The good news is, you are in some very elite company. You see, the average millionaire has had to file for bankruptcy three times in their lifetime, so you are actually on the right track, assuming you learn form it and don't make the same mistakes again.

Therefore, making mistakes is actually beneficial, because it's something you can learn from and make different decisions the next time. Here is some important information to help you sort through the clutter and know what to do when you file for bankruptcy in Florida.

First of all, there are basically three different chapters of bankruptcy you can file for, depending on whether you are filing on a personal or business status. If you are filing for personal bankruptcy, you will need to file for either chapter 7 or 13, depending on your income level.

If you are filing for business bankruptcy in Florida, you have the additional option of filing for chapter 11 if you are a business or a high debt individual, which is probably the best way if you can get it, albeit it a more expensive alternative.

While there are many logistical rules to keep in mind about all of them, the most important facts to know is that chapter 7 requires you to give up your personal assets to pay off your debts, whereas chapters 11 and 13 do not.

Chapters 11 and 13 require you to follow a 3-5 year plan to pay off your creditors, and while your debt is not discharged, you can keep possession of your belongings, which chapter 7 does not allow you to do.

Note that this might or might not be a bad thing. For example, if many of your assets are exempt, this means they are not subject to be taken away, and therefore you don't have to worry about losing them in the bankruptcy process.

If you don't know which assets are exempt and non-exempt, don't worry-your lawyer will be able to help you sort through this process. Just keep this in mind.

However, if your income is over a certain point, your only options are to file for either chapters 11 or 13. Most times, you want to do this, as you aren't at risk for losing your possessions, and again, which one you decide to go with depends on whether you are filing for personal bankruptcy or business bankruptcy.

Keep this in mind-all the bankruptcy chapters will damage your credit, so there really isn't an easy way out as far as this.

Your lawyer will be able to help you sort through all this. So now comes the tough part: finding a good lawyer to help you cut through the clutter of filing for bankruptcy in Florida.

Article Source: http://www.articlesbase.com/finance-articles/bankruptcy-in-floridawhat-to-do-if-you-have-to-file-for-bankruptcy-in-florida-582247.html

About the Author
Want to know how to file for bankruptcy in Florida? If so, check out onlinebankruptcytips.com, a popular site that covers the subject of bankruptcy in depth.

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Bankruptcy Uk

October 26, 2010 By admin Leave a Comment

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Uk Bankruptcy Myths Exploded

Author: Ed Pearson, Debt Dr

When you go bankrupt you end up in jail, lose your house and your car and you are thrown onto the streets to fend for yourself for at least 5 years and also if you own a company then forget it mate will lose the lot!

What did you feel when you read that statement?

'Yeah I thought it was something like that' is the most common thought or reply I come across. I state categorically that all the above may be, and usually is, wrong depending on your circumstances.

Surprised?

Let me tell you some more about UK bankruptcy. The British government went to find out why small enterprise was booming over the pond but not so much in the UK. When the report came back looking in depth on many areas the British government concluded, amongst other factors, that the USA is so enterprising because they had made it easier for individuals to go bankrupt and start again having learnt from their mistakes.

This was the precursor to the changes in the Enterprise Act which impacted the way personal bankruptcy is handled amongst many other areas of finance in the UK today.

At the time of writing, bankruptcy in the UK usually lasts for no more than 12 months. In fact many people are discharged in less than 12 months depending on the circumstances around their bankruptcy. That's one year or less in most cases! Previously the usually time for an individual to be in bankruptcy was 3 years.

All that said, bankruptcy is a very serious step to take. It is a very public affair and the event can follow you for many years. Even after the bankruptcy has gone from your credit history financial institutions in particular often ask if you have ever declared yourself bankrupt. Your membership in some societies and associations may also be lost.

What can't you do during bankruptcy

Well you didn't think it was all a breeze did you? There are a number of things you need to be aware of:

1) You can't ask for more than £500 of credit without first informing the lender that you are bankrupt. That's usually the point at which they start sprinting away from you in their rush to not get their fingers burnt. Remember a lender doesn't just mean a bank, it can mean friends and family. Even if you agree to buy a car off a friend and they say here take it now and pay me the money next week then you are in a credit agreement probably worth more then £500 and so you have to legally tell them about your bankruptcy.

2) You cannot be a director of a limited company whilst your are bankrupt. If you area one-man band or a sole trader, this doesn't mean you cannot trade as a sole trader. Yes, you get to keep your business assuming you haven't traded fraudulently but you do lose your limited company status in this instance.

3) You will lose certain positions of authority. Think councillor or accountant or high-ranking police officer. There are many more roles that are affected. Do check with a professional that your job is not affected if you do decide to go bankrupt. Some companies actually have a 'no bankrupts' policy in their employment contracts. It's time to read your contract again.

Other stuff to consider

There is an impact on your credit file for 6 years. This means there is a record of your bankruptcy on your credit file that can be seen by lenders and anyone with access to your history.

Your name will appear in the local newspapers under the bankruptcy notices section and the London Gazette.

On the day of your bankruptcy all your bank accounts are frozen by the Official Receiver (the person appointed by the courts to administer your bankruptcy). If you owe that bank money on the day of your bankruptcy then it is unlikely they will reopen your account. Any accounts in credit will see that money going to the Official Receiver to go towards repaying costs and debts associated with the bankrutpcy.

The really nasty bit that your friend down the pub forgets to tell you

One of the Official Receiver's roles in administering your bankruptcy is to look at your assets and disposable income and determine your ability to repay your debts. If you have disposable income available then you may end up paying a proportion of that to the Official Receiver over the course of 3 years under an income payment order or income payment agreement. This is a commonly overlooked fact by many a 'lay person' giving debt advice down the pub to a friend. It's can also be a costly bit of overlooked advice.

What about your house and car?

Well this needs to be understood and talked through with a professional but the general rule of thumb is this:

If you own a house then the Official Receiver will take an interest in that property even if it is in negative equity. You may even lose your house in some circumstances even if you have a wife and child at home. The Official Receiver will also be looking to realise funds from the car, caravan or any other valuable asset (anything of value really, start thinking about pensions funds with a cash in value, windfalls, endowment policies, valuable artwork, intellectual property rights, websites....etc.). And this is not just in the run up to bankruptcy. If you have a windfall during your bankruptcy period then that is liable to be made available to the Official Receiver administering your case and paid towards their fees and the losses of your creditors.

What about HP agreements?

HP agreements usually have a clause that if you become bankrupt then the asset (usually a car) must be returned to your HP company. As the car legally belongs to the HP company it cannot be sold off by the Official Receiver. If you are meeting your regular payments to the HP company and the Official Receiver deems that the payments are reasonable for your needs then a conversation with the HP company would be prudent at the earliest opportunity.

If you are going bankrupt for a second time.

The other changes to the Enterprise Act means that people going bankrupt for a second time will likely be made bankrupt for at least 5 years and possibly up to 15 years before being discharged.

Be aware and get proper advice.

Do get good advice from somebody that will guide you through the whole process and not just send you off in the direction of the local courts. Do sit down and get an experienced professional to go through everything in detail. Be aware of all the factors that will affect you if you decide to go bankrupt. Whilst this article is accurate, it cannot be used to replace advice from a professional organisation.

Ed Pearson is a Debt Dr. Debt Dr specialise in debt help and advice for individuals and small businesses. Ed can be contacted on 0845 123 4000 or in confidence on 07970 659266.

http://www.debtDr.co.uk 'prescribing life without debt'

This article does not constitute regulated advice. Please remember that any action regarding financial advice should always be taken only after considering the specifics of your own situation.

To find out more about Ed try, http://www.ecademy.com/account.php?id=41788

Article Source: http://www.articlesbase.com/debt-consolidation-articles/uk-bankruptcy-myths-exploded-79241.html

About the Author

Ed Pearson is a Debt Dr. Debt Dr specialise in debt help and advice for individuals and small businesses. Ed can be contacted on 0845 123 4000 or in confidence on 07970 659266.

http://www.debtDr.co.uk 'prescribing life without debt'

This article does not constitute regulated advice. Please remember that any action regarding financial advice should always be taken only after considering the specifics of your own situation.

To find out more about Ed try, http://www.ecademy.com/account.php?id=41788

Filed Under: Bankruptcy information Tagged With: , , ,
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