Sunday, November 15th, 2009
bankruptcy file
Steve Buchanan asked:

Bankruptcy is a very unfortunate situation and can happen even to seasoned businessman or to a new entrepreneur. To avoid falling into such a trap one should ensure to keep his or her financial health in a very good state. Filing bankruptcy is not an easy job and one has to go through a very complex process involving lot of complex court procedure. Also it affects badly your financial rating for securing loans, which you may need for business development or for your personal requirements at any future stage of your life.

Bankruptcy is a law provided for those who are unable to pay their debts and this law is utilized to provide them with a way of paying their creditors. Since there is no debtor’s prison any more, no one has to worry about going to prison because of not being able to pay. Instead, bankruptcy consolidates the debts and sets up a schedule by which the debts can be paid.

One of the main purposes of Bankruptcy Law is to give a person, who is hopelessly burdened with debt, a fresh start by wiping out his or her debts. Actually life is not always fair. Most people that file for bankruptcy do so out of necessity not because they simply want to avoid paying their debts. Of all the people that file for personal bankruptcies, nearly 40% of them file due to some financial crisis outside of their control. In many cases this financial crisis is some serious health issue.

The debtor has to file the bankruptcy report in the court to stop further payment of interest on the borrowings on account of his inability to repay with declaration that his income is not going to improve in the near future as well. This requires furnishing causes of bankruptcy viz. losses in business, family dispute, job loss, poor health or illness, heavy expanses on treatment, natural calamity resulting in damage to assets or business etc.

Economic and social changes have prompted the need for reform on the bankruptcy laws through the years. The past couple of decades have seen changes in the financial world as well as social upheaval. With credit flooding the nation the past several decades, consumer debt has sky rocketed and the rate of default on credit cards has caused many to seek bankruptcy protection. Medical problems, divorce and job losses have caused most of the Chapter 7 bankruptcies.

A record number of bankruptcies were filed in the 1980s and early 1990s. Job losses and business losses accounted for this record number of bankruptcies. Many small businesses closed during this period, but also large companies such as Texaco, Continental Airlines, Greyhound and Pan Am also filed for bankruptcy. This large number of bankruptcy filings put the bankruptcy courts in a bind to handle all of them; thus, they utilized the assistance of bankruptcy professionals to speed up the court procedure. These professionals were approved by the court to act as examiners and mediators. The key to avoid bankruptcy is being fully aware of your financial standing at all times. Record your bill payments. You should know if you miss a payment. Try to forecast your ability to pay your bills into the future. If you constantly keep on top of your bills, your spending habits and your ability to earn in the future, you can easily avoid bankruptcy.



Bankruptcy Questions

Tuesday, July 21st, 2009
bankruptcy
Jared Myers asked:


Chapter 11 bankruptcy has also been termed “Re-organization bankruptcy”. It’s the most familiar type of insolvency in the United States. It is typically used in large organizations or businesses dealing with financial crisis. But it is also utilized by partnerships, individuals and corporations.

Advantages

Remember, Chapter 11 Bankruptcy is reorganization, not liquidation. In some situations, filing for Chapter 11 bankruptcy allows a business to go on operating throughout bankruptcy proceedings. What this means is that under hard circumstances, you now have time to reorganize under the bankruptcy court’s supervision. This chapter has no limits on the amount of debt, where as Chapter 13 does.

How it works

Chapter 11 bankruptcy is commonly used by businesses as a way to restructure their debt without forfeiting their bussiness. To do this, the debtor files a petition which includes a list of assets and liabilities, and a detailed statement of financial affairs. And several of the bussiness’s assets are sold off to remunerate past due creditors. The debtor must then come up with a course of action and get it sanctioned by the creditors.

Notice: If the enterprise walks into the courthouse unprepared, then the results may be that the judge deeds over the business to the biggest people you owe.

Limitations & Drawbacks

Chapter 11 bankruptcy is easily the most high-priced corporate option in terms of legal costs and attorneys fees. Just to file a Chapter 11 Bankruptcy you must surrender a filing fee of $830.00–plus a quarterly administrative fee to the Court. It is not commonly used by individual consumers because it can be far more complicated and high-priced to pursue.

Chapter 11 Bankruptcy is almost certainly the most flexible of all the chapters, and at the same time the most difficult to generalize. Chapter 11 bankruptcy is a time consuming and expensive chapter, therefore it is only appropriate for individuals whose circumstances make Chapter 7 or Chapter 13 inapplicable or inappropriate. Fewer than one percent of all bankruptcy filings are Chapter 11s.

Comparison with Chapters 13 & 7

Chapter 11 bankruptcy is a viable option when a business has sufficient prospects to continue operating. Businesses are commonly allowed to continue to operate while in Chapter 11 bankruptcy, though they must do so under the supervision of the bankruptcy court.

Chapter 11 Bankruptcy is unique, because the debtor will commonly operate as his or her own trustee. This concept is called a “debtor in possession”. Businesses that file Chapter 11 bankruptcy are commonly are allowed to operate under the supervision of the bankruptcy court. In Chapter 7 bankruptcy a business sells off all its assets and eventually ceases operation.

Other Options

Chapter 11 Bankruptcy is not the only option available to a business - reorganization is permitted under Chapter 13, too. Often times, a sole proprietor may file for personal bankruptcy, which grants reorganization of the business without the cost of pursuing a Chapter 11.

Want more chapter 11 bankruptcy information? Visit our website.



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