Bankruptcy law provides for a plan that allows a debtor who is unable to pay his creditors to resolve his debts through the division of his assets among his creditors. This also allows the interest of all creditors to be treated with equality. Certain bankruptcy laws allow a debtor to continue his business and use the revenue generated to pay off the debts. An additional aim of bankruptcy law is to allow certain debtors to liberate themselves of the financial obligations they have accumulated after the division of their assets. Bankruptcy law includes comprehensive access to civil litigation, credit, consumer law and commercial transactions.
Bankruptcy cases are either voluntary or involuntary. Voluntary bankruptcy cases involve debtors petitioning the bankruptcy courts. In involuntary bankruptcy, creditors rather than the debtors file the petition. Voluntary bankruptcy cases are majority whereas involuntary cases are rare except occasionally in business settings to force a company into bankruptcy so that creditors can enforce their rights.
Bankruptcy law prohibits some filers with higher income from using chapter 7. To file for chapter 7 current monthly incomes against median income is measured. If it is less than or equal to median income, chapter 7 can be filed. If it is more, the ?means' test must be passed to file for chapter 7 which is the requirement of the new bankruptcy law.
The purpose of the ?means? test is to find out certain allowed expenses and debt payments are subtracted from the current monthly income. f the balance is below a certain amount chapter 7 can be filed.
Bankruptcy law can be broadly classified as follows:
Co-operative bankruptcy is filing of chapter 7 or chapter 11 by co-operations and partnerships in which the trustee appointed by the court sells the assets and distributes the proceeds to the creditors. The trustee's commission, priority debts and debts to unsecured creditors are paid on a pro rata basis.
In chapter 7, the debtor's business operations cease once the case is filed. On the other hand in chapter 11 the business typically remains in operation and the debtor is given the same right as a trustee.
Personal bankruptcy is commenced by an individual filing chapter 7, 11, 12or 13. The debtor is allowed to exempt certain property (household furniture, jewellery, clothing, pensions, insurance policies and other assets) from liquidation by the trustee. Exemptions vary from State to State. The automatic stay takes effect immediately upon the filing, which prohibits collecting money, or taking property from the debtors. It usually remains in effect through out the case.
In chapter 7 bankruptcies, the debtor files a petition with the court with detailed financial information about his assets, debts and income. These papers are executed under penalty of perjury, the duration being three to four months. Chapter 11 bankruptcies are a reorganization procedure used by business partnership and co-operations. In this case, the debtor will act on his own as a trustee and is called a debtor ?in possession.?
As a general proposition, bankruptcy laws state that older income taxes (more than three years old) can be wiped out in bankruptcy, but not the new incomes taxes. Prior to filing bankruptcy, the debtor should have his own particular tax situation assessed. As a general rule, debtors filing bankruptcy continue to complete their own returns and pay their own post-bankruptcy taxes.
Protection To The Borrower
Being unable to pay back debts can lead people into filing for bankruptcy and the laws in this regard are very clear that creditors may not contact the borrower, after the borrower has filed for bankruptcy, though some creditors feigning ignorance of such filings may continue contacting the borrowers. This is the time when the borrower needs legal help and an attorney who knows the bankruptcy laws should be made to step in and tell off the offending creditors and inform them about the laws that are meant to protect his client. Such a course of action will definitely help to put an end to unnecessary harassment and provide the borrower with some relief.
Things Worth Knowing About How To Choose A Bankruptcy Lawyer
A bankruptcy lawyer is the right person that you need to turn to when you are under a whole lot of debt and when there are other complications in your financial situation, and the reason for this is the lengthy and complicated documentation involved which only a qualified legal professional would be able to sort out on your behalf. It goes without saying that a bankruptcy lawyer has in-depth knowledge about laws, regulations, rules as well as options and your rights that are related to your particular situation.
Given that bankruptcy is anything but simple and in fact quite complicated, you would not know how to proceed and get the bankruptcy decided in your favor on your own which means hiring a bankruptcy lawyer who will help in making the whole process smooth and efficient and most important of all, have the case end up in your favor as far as is possible.
Locating a good bankruptcy lawyer is important and you ought to choose one with experience and who has a good reputation, though another important aspect to choosing your lawyer is that you gel well with him or her. Also, remember to get everything down in writing before hiring your lawyer.
In fact, bankruptcy laws have especially been formulated to protect borrowers from creditors and their main purpose is to protect individuals who perforce need to file for bankruptcy and need to be saved from the harassment from creditor's hell bent on recovering their dues.
After all is said and done, creditors will still walk a very thin line even in spite of knowing the laws which means that if you are filing for bankruptcy, be sure to engage a good lawyer who is well conversant with all the bankruptcy laws and who will act professionally in dealing with the creditors on strong grounds and thus provide you with much needed relief.
Both Lesley Lyon & Keith Lee are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
Lesley Lyon has sinced written about articles on various topics from Sauna, Finances and computers and the internet. extensively deals with bankruptcy to help laymen understand the. Lesley Lyon's top article generates over 90500 views. to your Favourites.
Keith Lee has sinced written about articles on various topics from Internet Marketing, Credit Cards and Bankruptcy Law. Keith Lee has almost filed for bankruptcy but managed to come back stronger and richer.To learn more about ,visit. Keith Lee's top article generates over 27100 views. to your Favourites.