The Ways You Can Jeopardize Your Protection under the Bankruptcy Laws When you file for personal or business bankruptcy, an automatic stay goes into effect immediately, prohibiting your creditors from calling you, writing you or attempting to collect debts from you in any other manner than through the bankruptcy proceeding. The automatic stay … [Read more...]
Your Bankruptcy Options When Continuing a Business
What's Best for You—Chapter 11 or Chapter 7? If you own a business that's struggling, but you know it's just a matter of time before things turn around, you can still use the bankruptcy process to your benefit. When you file a bankruptcy petition, you will immediately get the benefit of the automatic stay, which prohibits your creditors from … [Read more...]
Your Bankruptcy Options When Closing Down a Business
Should You Seek Protection under Chapter 11 or Chapter 7 If you own or operate your own business, but you're struggling to make a go of it, you need to honestly assess your chances of long term success. The bankruptcy laws can help you wind down a business, allowing you to put most of the losses behind you. What's the best way to use bankruptcy … [Read more...]
Should You File a Personal or a Business Bankruptcy Petition?
Choosing the Right Filing When your business is experiencing financial difficulties, it's almost certain to have a detrimental impact on your personal finances as well. If you don't have the business resources to properly compensate yourself, you can easily fall behind on your mortgage, car payments or other obligations. The bankruptcy laws were … [Read more...]
The Big Differences between Chapters 7 and 13
The two main consumer/small business bankruptcy options are quite different. Each one has its advantages and disadvantages. So, for many people Chapter 7 is much better, for others Chapter 13 would be. And for others it's a closer call. Even if you have your mind set on one or the other, it's important to discuss both alternatives with your … [Read more...]
Non-Bankruptcy Alternatives
Bankruptcy is not the best option for everyone. If your financial problems look like they can be solved other ways, those alternatives should be explored. Consider both their advantages and disadvantages honestly. Here are three bankruptcy alternatives, highlighting their risks and concerns: 1. Debt Settlement: Once a debt goes into extended … [Read more...]
Is it Moral to File Bankruptcy?
The Obligation to Pay Our Debts Sure, we all have a moral obligation to pay our debts. But you may well have a higher moral obligations to get relief from those debts. Think about it this way. Consider whether to file bankruptcy as a "business decision." Corporations make business decisions whether it's best for the business to file bankruptcy. … [Read more...]
Who Does What in Bankruptcy?
It's a lot easier to make sense of bankruptcy if you know who's who in the process. Debtor: The person or business filing bankruptcy. A debtor and spouse can file a joint petition in bankruptcy. The debtor has various duties which your attorney will help you with. The debtor's most important duty is simply to be honest and cooperative throughout … [Read more...]
The Bankruptcy Chapters
A Summary of the Chapter Options Each Chapter of bankruptcy is designed for certain kinds of debtors, and certain kinds of circumstances. For consumers and small business owners, usually either Chapter 7“straight bankruptcy” or Chapter 13“adjustment of debts”is appropriate, or occasionally Chapter … [Read more...]
So What is Bankruptcy?
Bankruptcy is not a single thing. It's a set of different legal options for people and businesses to deal with their debts. It's in the U.S. Constitution The U.S. Constitution specifically authorizes bankruptcy. It gives Congress the "Power . . . To establish . . . uniform Laws on the subject of Bankruptcies throughout the United States." (See … [Read more...]