Using Bankruptcy to Overcome Unmanageable Debt

Jan 20, 2016 by

Many people consider filing for bankruptcy as among the best choices to deal with debts, but it should be noted that in some types of bankruptcy you might end up losing a significant amount of your property. Aside from choosing which type of bankruptcy best suits your circumstances, marriage or divorce should also be considered and examined since they can greatly affect the outcome of the bankruptcy. In order to secure your joint finances, the website of the Fayetteville bankruptcy lawyers of the Bradford Law Offices, PLLC says that it is a important to get yourself acquainted with the necessary information to better equip yourself for the long and meticulous process ahead.

The first thing to understand marital bankruptcy is that the debts incurred bearing the names of both spouses are the only ones that will be considered in a joint bankruptcy case. There are a lot of misconceptions that make people think that both spouses are automatically liable for the debts they acquired. If you and your spouse have filed for bankruptcy, the only debts that the court will address are those that bear both of your signatures. Any debts that one spouse on their own before the marriage and even after marriage (provided that they alone are the signatory) are not legally shared and will be his or her own responsibility.

If one spouse, such as the husband, files for bankruptcy and the debt is jointly held by both spouses, only the husband’s debt will be discharged; the wife will still have the legal responsibility of paying off her part of the debt. The bottom line is – any debt you incur will be your own responsibility. If you file for a bankruptcy on a joint debt, you will end up turning over the responsibility of paying for the debt to your spouse. If one spouse files for bankruptcy, the other spouse’ personal assets and properties are beyond the bankruptcy trustee’s jurisdiction and will not become part of the bankruptcy estate of the spouse who file the case. This is the reason why it is better to file a joint bankruptcy case rather than on your own or separately.

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The Various Chapters in the Bankruptcy Code

Oct 31, 2014 by

The 1.53 million Americans who filed personal bankruptcies in 2010 is a clear indication of the economic predicament suffered by many individuals and families in the US. Besides loss of job, which is a direct effect of poor economy, an accident or illness requiring medical treatment (which has also become too costly), divorce, and other events have contributed to diverting all funds to basic needs rather than to paying monthly bills. The downside of this, though, is accumulation of debts that later become quite impossible to settle.

To protect their interests, creditors usually refer bad debts (debts that have not been paid for at least three consecutive months) to collection firms which, in turn, employ harassing tactics to force the debtors to pay.

Suffering from overwhelming debts, however, is never the total ruin of an individual’s or a business’ financial future. The website of Ryan Ruehle imparts the very important fact that debtors can turn to the law to get out of a debt crisis and regain financial stability again. This can be through bankruptcy or debt negotiation.

The US Bankruptcy Code contains chapters designed to save debtors from debts that have become quite impossible to manage. Each chapter is meant to address debtors’ specific financial situation, and basically aimed at eradicating all forms of debts for the individual’s or business’ fresh financial start. The Code offers:

  • Chapter 7 Bankruptcy – a liquidation bankruptcy wherein a court-appointed trustee sells some of the “non-exempt” assets and properties surrendered by the debtor (there are exempt properties, like the home, which the debtor can keep and protect). The proceeds from the sale are distributed to the creditors and the remaining amount (if there is any) will be returned to the owner.

The debts to be paid in this chapter are the non-dischargeable debts (usually government-related debts). Debts from which the court can decide to free the debtor can include credit card bills, medical bills, past utility bills, personal loans, and so forth.

  • Chapter 11 or Business Bankruptcy – allows the business firm to either restructure its finances (repayment plan) for more affordable payments, or liquidate some of its properties to be able to pay creditors. Unlike in chapter 7, wherein a business will have to cease operations, chapter 11 allows a firm to stay in business.
  • Chapter 12 Bankruptcy – is designed for family farmers and family fishermen which should have a regular annual income to be considered eligible under this law. which own and operate the fishing or farming business; which own at least 50% of the farming/fishing business; and, which earns a regular annual income.
  • Chapter 13 Bankruptcy – which is reorganization or restructuring bankruptcy, requires debtors to design a debt payment scheme spanning to three years (can be five years if the court so allows). Under this chapter, all of the debtor’s properties are saved or never sold.

A realistic and objective assessment of a debtor’s financial condition is required regardless of the chapter of bankruptcy the debtor wishes to file. Making sure, therefore, that the lawyer, who will be hired to defend the rights and interests of debtors, is very significant.

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