Wednesday, May 16, 2012

lesson 13 Bankruptcy Explained: Why To File

Austin Recovery Austin Tx - lesson 13 Bankruptcy Explained: Why To File
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Chapter 13 bankruptcy is used by an private or enterprise that doesn't want to liquidate in order to satisfy their debts. Instead, it is a restructuring of debt, which allows the enterprise to avoid closure in order to meet their debt obligations. On the other hand, a chapter 7 bankruptcy filing allows the enterprise to sell their assets to pay their debtors. As a result, any remaining debt is written off, which gives the enterprise or private a "clean slate." One of the advantages of a chapter 13 filing is that although the credit rating is affected the same as in a chapter 7 filing, this type is removed from one's credit rating in five years instead of the acceptable seven years. The purpose of this type of bankruptcy is for a struggling enterprise to make its financial obligations, especially if they see some financial rescue in the short term and still have some source of income.

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For both types of bankruptcy, the private or enterprise must first file a declaration of bankruptcy with the courts. This is why it is prominent to have legal representation in the event that you are considering bankruptcy. In many instances, it is potential to decree these debts without the court's intervention. Additionally, it is prominent to understand which filing will be best for you or your business, and it is naturally impossible to do this without legal counsel. Furthermore, there have been many changes in bankruptcy law that will wish a trained pro to navigate the primary paperwork and filings. Many individuals have had their bankruptcy cases dismissed because they did not understand how to satisfy some requirements when filing.

A bankruptcy lawyer can help the debtor draft a three to five year reimbursement plan to submit to the court for approval. This plan must be detailed to include all debts owed and any transactions and earnings the debtor expects to receive while the restructuring period. Once approved for a chapter 13 bankruptcy, a federal bankruptcy court will supervise the debt restructuring. This means the court must supply written approval for the enterprise or private to regain a new line of credit.

A chapter 13 bankruptcy filing has many other advantages over other types. For instance, once a payment plan has been approved, the creditors are not allowed to sense the debtor about their debts owed except through the bankruptcy court. In addition, the court can halt a foreclosure proceedings while the case is still in bankruptcy court. A chapter 13 bankruptcy allows for a businesses to stay in operation, while individuals can regain control of their finances without having to sell their assets.

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