Bankruptcy
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Bankruptcy is the legal condition in which an individual or corporation is unable to met its liabilities as they fall due.
In Law A debtor that, upon voluntary petition or one invoked by the debtor's creditors, is judged legally insolvent. The debtor's remaining property is then administered for the creditors or is distributed among them.
Purpose The primary purpose of bankruptcy is: (1) to give an honest debtor a "fresh start" in life by relieving the debtor of most debts, and (2) to repay creditors in an orderly manner to the extent that the debtor has the means available for payment. Bankruptcy allows debtors to be discharged from the legal obligation to pay most debts by submitting their non-exempt assets, if any, to the jurisdiction of the bankruptcy court for eventual distribution among their creditors. A bankruptcy case is initiated by the filing of a petition, which contains the Debtor's financial information. A married couple may file a joint petition. Though in a technical sense the filing of a joint petition initiates two separate bankruptcy cases (and estates), the cases and estates are usually consolidated and treated as one.
There are two common forms of bankruptcy: liquidation and reorganization. In the United States the law provides for one liquidation chapter (chapter 7); all other chapters are for reorganization (chapter 9- municipalities, chapter 11- businesses or individuals, chapter 12- family farmers, chapter 13- individual "wage earners".) Upon the filing of the bankruptcy petition, the Debtor's assets constitute the bankruptcy "estate". With the notable exception of a case under chapter 11, a Trustee is appointed to oversee the Debtor's estate, to evaluate claims and perform other functions. In certain instances a Trustee can be appointed to a chapter 11 case.
In a liquidation bankruptcy, the Debtor's nonexempt (ie, legally unprotected) assets are sold off to satisfy creditor claims. This is referred to as "administering" the Debtor's estate. The Creditors with timely filed and valid claims participate in a pro rata distribution of the proceeds obtained through the liquidation. The distribution is based on a system of priorities, in which certain classes of claimants are given priority over others. A liquidation case in which no liquidation occurs, and thus no assets are administered for the benefit of creditors, is generally referred to as a "no asset" case.
A reorganization bankruptcy is a bankruptcy in which a debtor reorganizes/restructures assets and debts. Individuals may initiate a reorganization bankruptcy in order to retain assets and pay creditor claims out of the individual's income. However, reorganization bankruptcies can involve an "orderly liquidation" of some or all of the Debtor's assets. A reorganization bankruptcy usually allows the Debtor to carry on while satisfying creditor claims (in whole or part).
Businesses may enter a reorganization bankruptcy in order to survive insolvency due to creditor claims exceeding the ability of the business to satisfy them. The basic process involves a business reducing each creditor's claims to allow partial payment in order for the business to carry on with its daily commercial activity.
During the pendency of a bankruptcy proceeding the debtor is protected from most non-bankruptcy legal action by creditors through a legally imposed stay. Creditors cannot pursue most types of lawsuits, garnish wages, or attempt to compel payment.
See also
Edge of bankruptcy offers a unique service, they are a collection of business angels that step into business and bail out companies that are on the edge of bankruptcy. Often business's and individuals have little alternative and this service can provide an alternative in exchange for a significant share of the equity.
Articles on Bankruptcy from our database:-
Bankruptcy And Buying A Home Filing bankruptcy is a stressful time in a person's life. Along with discharging your debts and gaining a fresh start, you may wonder if you will be able to buy a home after a bankruptcy. Buying a home after bankruptcy is no longer impossible. There are many reasons a person chooses to file bankruptcy. The loss of a job, unexpected medical bills, and overwhelming credit card debt are just a few of the factors that can lead to filing bankruptcy.
Bankruptcy Discharged Yesterday? Purchase a Home Today! With the competitive rates that are available on mortgage
after bankruptcy programs, you are able to realize the dream
of homeownership with a mortgage payment that is affordable
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traditional benefits of owning a home, such as equity
building and tax benefits, you will most importantly be
rebuilding your credit profile.
Bankruptcy: What's the difference between Chapter 7 and Chapter 13?
Chapter 7
Filing for chapter 7 bankruptcy does not mean that immediately all of your debts are eliminated in their entirety. Rather, secured debt must be still be dealt with. It does mean, however, that commonly unsecured debts like credit card bills and medical expenses do not have to be paid back. But getting off the hook here does not come without costs. Rather, filing chapter 7 often means the necessary liquidation (selling off) of most of your personal property.
Chapter 13
One such option is chapter 13 bankruptcy. Chapter 13 filing means quite simply that you are restructuring your debt by negotiating with your creditors and establishing a plan to pay them off over the course of three to five years. So, this is a formal declaration that you will and have worked with creditors so that they will get their money, only at a slightly slower rate than they might have wanted. By promising to pay off your debts, you are allowed to keep valuable personal property such as your home and car. In a similar way, taking this step can limit some of the damage to your credit score that is incurred with filing for Chapter 7 as opposed to Chapter 13. Typically the arrangement reached with creditors is to have you pay your regular monthly payments, plus an additional amount that over time allows you to get caught up on your payments over time.
Bankruptcy Tips And Helpful Alternatives Before you file bankruptcy, it is a good idea to look into other alternatives if at all possible. New bankruptcy laws make it more difficult to file than it used to be.
Why Has Filing For Bankruptcy Doubled?
From the period of 1994 to 2004, filing for bankruptcy has doubled. Bankruptcy filing has spun out of control with consumers being targeted with easy credit. This has become a major cause for bankruptcy cases.
New Bankruptcy Laws?
There is now a new law for bankruptcy that was passed called the "Bankruptcy Abuse Prevention and Consumer Protection Act". People struggling to pay their credit debts are now going to have to deal with this new bankruptcy law.
Bankruptcy Can Stay On Your Credit Report For 10 Years
Filing for bankruptcy can be on your credit for up to a decade. It's a good idea to look into alternatives for bankruptcy. Buying anything on credit can be a real challenge for many years after you file bankruptcy.
Bankruptcy 101: It is 2006, stay informed I know most of you know about bankruptcy, for those of you that do not, here are some basics. Generally, filing bankruptcy allows people who are having financial difficulties to wipe out their debts, which can provide them with a fresh financial start. There are several events that can take place to force people to take the path of filing for bankruptcy. Some events may include divorce, unemployment, lawsuits, foreclosures and credit card debt.
Bankruptcy in the UK Bankruptcy is a way to free you from significant debt after all other reasonable options have been exhausted. You can choose to present the bankruptcy petition yourself or it can be presented by a creditor that is owed at least �750 in unsecured debt. You need to be aware that a bankruptcy order can proceed even if you do not acknowledge or agree to the proceedings therefore it is in your best interest to come to some sort of agreement or settlement before the bankruptcy petition is to be head in court.
Bankruptcy: Tips To Avoid It Although it may seem like an easy solution to major financial difficulties, it is best to avoid bankruptcy at all cost. There are many reasons for avoiding bankruptcy and many tips for helping those in financial difficulty avoid resorting to bankruptcy. Before beginning to consider bankruptcy, it is best to weigh the negative consequences.
Bankruptcy Attorney: Questions To Ask If you have tried every way imaginable to avoid bankruptcy but find that you have no other way out of the situation, the first step you should take before filing is to consult with a bankruptcy attorney. A bankruptcy attorney can be hired or appointed by the court systems to help you through the court proceedings. If you decide to select your own attorney, make sure to select someone with previous experience in bankruptcy law, preferably someone who works specifically with bankruptcy.
Bankruptcy Forms: Having The Right Ones Filling out bankruptcy forms can be one of the most difficult parts about filing for bankruptcy, although these forms are a necessary evil to complete the legal process. Unfortunately these legalities can add major emotional stress to an already difficult situation. Especially if you have decided to go about filing on your own, without the help of a lawyer or financial service company, you may find yourself overwhelmed with trying to understand which bankruptcy forms are right for which chapter.
Bankruptcy Information Bankruptcy is a situation in which someone who owes money will seek relief from their debts by going to court. Though bankruptcy can be good in some situations, it may not always be necessary. Just because you are in a financial strain does not mean you should immediately file for bankruptcy. There are some things you will want to take into consideration first.
Bankruptcy Information: Some Basics Finding yourself in a difficult financial situation can be scary. Facing the possibility of dealing with bankruptcy can be even scarier, especially since most individuals or businesses don't spend time making themselves aware of the legalities that go along with the process.
Bankruptcy Alternatives Explained There are many steps you can take in efforts to improve your credit, eliminate your debt, and avoid bankruptcy. Which should be the ultimate goal of all people, while bankruptcy is an excellent method of helping you clear up your debt, it should only be used as a last resort. Bankruptcy remains on your credit for up to ten years and it could result in the inability to retain any other type of credit until it has been removed or several years has passed.
Bankruptcy Explained Whether or not we want it to or mean it to, often times our debt can become out of hand, to the point that we can no longer control it. It does not occur because we expect it, it occurs because we live in an age where credit is everything. In fact, many people do not even accept cash for a variety of things, for example, online shopping.
Bankruptcy Law: Some Important FactsAs applying for loans, credit cards and other forms of credit are easier to come by, so are the bankruptcy rates in the United States. In a ten year period, between 1994 and 2004, bankruptcy rates in the United States nearly doubled.
Bankruptcy Types Explained Personal bankruptcy generally is considered the debt management option of last resort because the results are long-lasting and far reaching. People who follow the bankruptcy rules receive a discharge ? a court order that says they don't have to repay certain debts.
However, bankruptcy information (both the date of your filing and the later date of discharge) stay on your credit report for 10 years, and can make it difficult to obtain credit, buy a home, get life insurance, or sometimes get a job. Still, bankruptcy is a legal procedure that offers a fresh start for people who have gotten into financial difficulty and can't satisfy their debts.
Bankruptcy and Useful Tips for Avoiding ItThe Bankruptcy Abuse and Consumer Protection Act was passed in early 2005 with the intention of reforming American bankruptcy law as we know it. The existing laws, according to Congress and the credit card companies, allowed too many debtors who might be capable of repaying at least some of their debts to have them wiped away by the courts. The new law was intended, rightly or wrongly, to eliminate the "bankruptcy of convenience" that allowed many consumers to run up huge debts without repaying them.
Bankruptcy Advice guide Bankruptcy can be defined in several ways. In simple terms bankruptcy is a legally declared inability or impairment of ability of a person or organization to pay their creditors. A declared state of bankruptcy can be requested or initiated by the bankrupt person or company, or it can just be requested by creditors in an effort to recoup a portion of what the company or individual owes them. However in the most of the cases the bankrupt individual or the organization initiates bankruptcy
Bankruptcy – Last Resort Regardless of the short and long term consequences related to filling bankruptcy, this particular population filling for bankruptcy is rapidly growing.
Statistics show that 5.4 people out of 1000 filled for bankruptcy on 2005 and this trend is increasing by 7%. Governments and financial organizations are concerned with the incredible easiness with which people opt for bankruptcy.
Bankruptcy Qustions - Should You File or Not? Bankruptcy is a lawful phrase that most of us have heard quite often. Many of us usually think that a someone has happened to be broke when they are bankrupt, yet that is frequently not nearly close to the truth.
