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All About Bankruptcy

What Is Bankruptcy?

Bankruptcy is the ultimate relief from oppressing debts that consumers and businesses may feel at these times of great economic downturns. Bankruptcy is a legal relief available to individuals and organizations where the debtor is not able to pay the debtors and becomes insolvent. Insolvency, simply explained, is when you are unable to pay your bills with your current income. The relief available from the different chapters of bankruptcy range from a structured payment plan to pay back a portion of the debt to the creditor to a complete relief from any debt going forward. The requirements for each of the chapters of bankruptcy which we can help you with if you would call for free consultation today. The relief available under the different chapters of bankruptcy or income dependent and we will need to run a analysis on your meetings in order to determine which is the best relief and to determine what is the available relief for you.

Corporate Bankruptcy

When an organization thinks that it is time to file for bankruptcy, it is strongly advisable that help from professionals like a qualified attorney is taken. In United States Constitution, Corporate bankruptcy is covered in Chapter seventh, chapter eleventh and Involuntary bankruptcy.  When a judge of bankruptcy court takes on a case, he sees if the company can stand on its feet on its own or not. If not, then the judge has the power to make the organization insolvent under chapter 7. After the declaration, the bankruptcy board supervises the dissolution of the left over assets of the company to pay the debtors. Most of the debtors are able to get only a part of their investment. With chapter 11, the company gets 3-5 years to pay the creditors what the dissolution could have obtained. The company can ask for reorganization and keep working with the help of this chapter. Involuntary bankruptcy helps creditors ask the company for the assets in court if the company refuses to pay even if it has the assets.

Individual Bankruptcy

Individuals who think that they are not able to pay the debtors can file for bankruptcy too under the United States Constitution in chapters 7, 11 and 13. 7th Chapter helps the individual to be free from any debt and get a fresh start without the burden of mounting debts. Under this chapter, a bankruptcy supervisor may sell off the assets of the filer and pay the creditors their amount and leave just so much for the individual that he or she is able to start a life again. If a person has a reliable source of income going on, then with chapter 13, he or she can get court’s help to reorganize.

A Way Out

When all else fails, when you have tried all negotiations with the debtors, there is still a possibility of removing all the tension with the help from the Government through Bankruptcy law. It is not that the Government has laws only for a person who owes money. People can call for involuntary bankruptcy too to get legal help.