When clients are faced with extreme debt, sometimes the only way to address it and recover financial stability is by filing for personal bankruptcy. At Monohan & Blankenship, Attorneys at Law in Florence, KY, potential clients can take the time to speak to a bankruptcy attorney for reliable, trustworthy legal advice.
The idea of filing for bankruptcy can be scary for many individuals. However, it can reduce financial stress and allow clients to get back on their feet even when serious debts have been incurred.
There are two types of bankruptcies. The first is Chapter 7 bankruptcy; this particular type of bankruptcy eliminates most debts entirely and allows clients to start over. The second is Chapter 13 bankruptcy; debt is restructured into
Chapter 7 bankruptcy is often referred to as the liquidation bankruptcy because your non-exempt assets are sold (liquidated) by a bankruptcy trustee, with the proceeds (money) being distributed among creditors in order of highest priority to lowest.
When you file bankruptcy, whether it be a Chapter 7 or Chapter 13 filing, the bankruptcy trustee plays a big role in the process. Once you and your bankruptcy attorney have filed a successful bankruptcy petition, the bankruptcy court assigns a bankruptcy trustee who will be charged with executing your estate. In a chapter 7 bankruptcy the trustee will sell your non-exempt property and use the proceeds to pay back your creditors. In a Chapter 13 bankruptcy case, you make one monthly payment to the trustee who then devise it up to your creditors according to the payment plan that the court approves. Anyone filing bankruptcy must be completely honest and forthcoming about their accounts, assets, money, and property. You cannot hide or get rid of money or property before or during a bankruptcy without getting it approved by the trustee and courts. A bankruptcy attorney will be able to explain this to you in greater detail and offer you advise on property that you do want to get rid of.
Everyone struggles financially at one time or another. Sometimes it’s very simple to get back on your feet and other times you might need to turn to a legal professional to help you figure out a solution. If you are in a difficult financial situation and need to declare bankruptcy, William J Sedor, Esq. of Rochester is ready to help. This personal bankruptcy attorney is no stranger to bankruptcy cases and can provide you with all the information you need to fully understand how declaring Chapter 7 bankruptcy works.
There are many reasons people find themselves in the situation of filing for bankruptcy. These include credit card debt, medical expenses, loss of job and divorce. If you determine that this may be the right course of action for you, you should consult with a Sacramento bankruptcy lawyer who has experience in the personal bankruptcy field. This is an important decision and the laws can be very complicated.
The Bankruptcy Trustee will often accept whatever information you provide based on your word. Once the bankruptcy or consumer proposal has been filed, the trustee will then engage in a rigorous and determined process to validate your disclosures. If the trustee finds additional income or assets, he or she will adjust the amount of money that you have to pay. In the case of a bankruptcy, what begins as a predetermined length of repayment may snowball into a seemingly endless repayment. You will not be able to get discharged until you have paid the Bankruptcy Trustee all of the money that the trustee believes you owe.
The loss of your job, a change in your income, an unexpected emergency or any other number of factors may cause your, or others in Tennessee, to struggle with debt. If you are dealing with financial challenges, then you may have considered filing bankruptcy. Sometimes, however, it can be difficult to know if Chapter 7 bankruptcy is the right option for you.
Although a fundamental lack of money is the essence of most types of bankruptcies, there are some common causes as well. For instance, Krulick (2016) reports that, “Chapter 11 is used primarily by larger companies that want to continue doing business throughout the bankruptcy process and after it is completed” (p. 3). In addition, even some solvent firms may elect to seek the shelter of a chapter 11 proceeding to allow them sufficient time to reorganize (Krulick, 2016). Some of the common causes of consumer bankruptcies include the following:
Next, you will want to make sure that you feel comfortable with the bankruptcy lawyer you choose. Since bankruptcy can be a very touchy
As a matter-of-fact, filing for bankruptcy is generally accepted as an extremely frustrating process. What's more, if that you've bankruptcy problems. Your event may be simply denied if you fail to match all paperwork and documentation required. A specialist bankruptcy attorney will have the ability to describe the basic principles about both Chapter 13 or Chapter 7 bankruptcy for you. Thus, to get free from debt properly, working together with a skilled bankruptcy attorney may be the ideal answer.
What bankruptcy does is to eliminate debt for collateral you no longer wish to possess, and can also wipe out unsecured obligations. The exact way in which
Over the years, the process of declaring bankruptcy has become incredibly simple. Because of this change, the number of people declaring bankruptcy is at an all time high. Today, bankruptcy is a common thing among companies and individuals alike. The American bankruptcy law allows people to avoid paying their debts by offering the debtors a discharge without a harsh consequence. By not having repercussions for their actions, bankruptcy filers often plan future bankruptcies, allowing them to steal even more money from creditors with no punishment. There are 13 different chapters in the bankruptcy system with the principal chapters being 7,11, and 13. You can only file for bankruptcy under these three chapters, the others are there to
If you 're filing for bankruptcy, you may be in for a long and complicated process with plenty of room for error. Thankfully, hiring a bankruptcy attorney can make the process easier, as they 'll walk you through each step and can provide you with all of the documentation you need to file your case.
Bankruptcy can be defined as someone who has officially declared that he cannot pay what he owes. In Malaysia, the minimum amount of outstanding debt amount to initiate bankruptcy is RM30 000 (Insolvency Department of Malaysia, 2012). According to BERNAMA (2010), this problem was happen due to several reasons such as becoming guarantors, failing to settle credit card payments, scholarships or education loans. Those factor have been supported by HemananthaniSivanandam (2010) which said the
These are the five types of Bankruptcy that an individual or an organization can file for in the United States of America, which all fall under the U.S Bankruptcy Code. They all protect the organization and the individuals against creditors that are willing to retrieve their debts by any means. They also give the time and the opportunity to the debtors to reorganize themselves and their assets so that they can pay back their debts. It also gives the opportunity to organizations to stay in business and continue working while following the bankruptcy process. However, one downside of filing for bankruptcy is how expensive it is, especially for individuals who can end up spending all their income on it. The second downside is how complex filing for bankruptcy is.
Firstly, we must define as to what bankruptcy is? Bankruptcy is a legal status imposed by a firm or individual unable to meet obligations. Before the passing of the Bankruptcy Code, the legal framework in India with regard to this sphere suffered from a lack of clarity and certainty in jurisdictions. Decisions were often appealed, overstayed or overturned by judicial forums with concurrent jurisdictions. This has led to unnecessary delays often leading to misuse of this shortcoming by debtors. Therefore in this regard, the need for a new legislation was recognised. There were many reasons for this;