In an era, where the entire world is going through an economic breakdown, personal fiscal issues are becoming more and more prominent throughout the world. Not being able to pay off the debts has become one of the most common problems, nowadays. Well, in a situation, when you don’t have enough funds to pay back your creditors, filing bankruptcy can be a smart choice. Bankruptcy can be defined as a series of legal proceedings, where the debtor is allowed to clear or restructure all his or her debts within a fixed period of time. However, there are certain important issues that should be kept in mind, while filing bankruptcy.
An Overview of Various Types of Bankruptcy
Choosing the right type of bankruptcy law is the most crucial aspect that one needs to take under consideration. Many people ask if filing for bankruptcy can even help. Bankruptcy can be broadly categorized into two major groups. The first one deals with liquidation of your debts. This comes under the Chapter 7 of bankruptcy laws. According to this particular process, a trustee will be appointed by the court, who is responsible for collecting your non exemptible assets and selling them, in order to pay back your creditors. On the other hand, if one is willing to pay off the debts, however wants to extend the deadline, can go for the next category of bankruptcy law. Chapter 11 to 13 i.e. restructuring of debts allows one to repay the debt amount to the collecting party under the supervision of a legal authority. Again, it is important to clearly know the difference between Chapter 11, 12 and 13.
Chapter 11 is especially designed for large business organizations. In such cases, the debtor can keep its property. However, it is forced to run the business under strict supervision of the court. Well, Chapter 12 is suitable for family firms, while Chapter 13 is more concerned with individual debtors, who can opt for various debt management plans or seek professional guidance, in order to pay off their debts.
Things You Should Know About Filing Bankruptcy
You must know one truth about bankruptcy. The creditors will never want you to know about the available bankruptcy options! Thus, you are only one who has to take proper initiative at the right point of time. However, the process of filing a bankruptcy can be quite complicated, especially if you are a newbie in this field. There are several crucial issues, which one needs to understand, in order to avoid any complication during the ongoing process. For instance, the necessary documents along with all the legal forms are required to be collected beforehand.
Apart from this, certain types of debts are not considered under the bankruptcy rule. This may include various penalties that are imposed by a legal institution, HECS payments, child or spousal support etc. Thus, it is very much essential that you know all this limitations, prior you file a bankruptcy.
How Experienced Attorneys Can Help?
Well, appointing an experienced attorney is undoubtedly the best way to ensure that you file a bankruptcy in a correct manner. An expert can help you to choose the right law, thereby ensuring that you get the full fledged benefits of that particular scheme. Apart from helping you in various legal matters, a professional guidance can also be quite useful in many other ways. For instance, many people are not aware of the various ramifications of filing a bankruptcy. Such financial state can affect your present employment. Thus, it is very much important to discuss these issues with your employer, in advance. An expert attorney can help you to deal with such situations. It is highly recommended that you discuss each and every pros and cons of such a process with your professional legal advisor, before taking any initiatives.
Well, a proper understanding of these few aspects of bankruptcy can help you to protect your financial future. It is considered to be the quickest and the easiest way to stop those harassing calls and legal notices from your creditors. The major goal of such processes is to clear out most of the unsecured debts as soon as possible. Not only this, but it is also the only solution to protect your personal assets or a driver’s license, which can be subjected to revocation as a result of unpaid debts.