LEGAL ISSUES IN BANKRUPTCY: WHAT YOU SHOULD KNOW
If your obligations have gotten out of control or your house is in danger of being foreclosed upon, you may want to consider filing for bankruptcy. While Chapter 7 Business Bankruptcy could be the only option available to some, you should think carefully before taking this step. For example, insolvency will remain on the credit record for seven or ten years, based on the form of bankruptcy you have filed for. As a result, future credit card, automobile, or mortgage applications may be more challenging. Insurance premiums can rise, and it could even damage your job prospects or your ability to rent an apartment.
Making Preparation For Bankruptcy An Easy Task
If you’re in debt and can’t come up with the money to pay your expenses, bankruptcy may be your only option. Before deciding to declare bankruptcy, there are other options to consider. They are less expensive and less damaging to your credit than bankruptcy.
Make sure your debtors are willing to compromise, for example. While awaiting a bankruptcy settlement, some creditors may agree to accept lower payments made over a prolonged period rather than risk collecting nothing at all at the end of it.
If you have a house mortgage, speak with your loan company to learn about your choices. If you’re having trouble making your payments, you may be able to get help from a lender who offers options including forbearance, repayment plans, or loan modification.
There are times when even the Income Tax Department is willing to compromise. The IRS may be willing to accept a smaller payment if you cannot pay the total amount owed. Taxpayers who owe the IRS can also take advantage of payment plans, which allow them to spread out their payments over time.
Personal Bankruptcy Types
Chapter 7 and Chapter 13 are the two most prevalent forms of bankruptcy for individuals rather than businesses. Each type’s operation can be summarised as follows:
- A chapter 7 bankruptcy is one in which your assets are liquidated to pay off your debts to creditors. Your home and car equity, personal things, clothing, instruments you use in your job and pensions, Social Security, and other public benefits are among the assets exempt from the estate tax.
However, a trustee appointed by the bankruptcy court will sell your remaining non-exempt assets and distribute the proceeds to your creditors. Low-income and asset-poor persons are more likely to opt for Chapter 7. It is also susceptible to a means test, which is discussed in detail below.
- 13th chapter. To qualify for a Chapter 7 bankruptcy, you must agree to repay your obligations over up to three years, but you can keep all of your belongings. Payments are collected by the trustee and distributed to your creditors by the trustee.
Chapter 13 insolvency is frequently chosen by those who wish to retain their non-exempt assets intact or buy more time before facing foreclosure or other forms of property seizure.
Paying Off Your Debts In Order
When you file for bankruptcy, the court will also ask you for a list of all the debts. You have two types of debts:
Payable In Full
Some of it is secured loans, meaning the debtor has a stake in the asset you pledged as security when applying for the loan. Secured loans, like mortgages and auto loans, are the most frequent type of borrowing when the borrower pledges some property as security.
Debts That Collateral does Not back
These obligations aren’t backed by anything tangible, like a house or other assets. Debts such as credit cards, medical expenses, and personal unsecured debt are all examples.
Due to the risk of losing the collateral if a debtor fails to pay, the bankruptcy court prioritizes secured debt above unsecured debt.
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