Bankruptcy Lawyers
Bankruptcy Lawyers in Action
Bankruptcy means the declaration of the inability of a person or company to pay their creditors. Creditors can be the ones to file bankruptcy against their debtors to recover a part of what they are owed. However, in most cases, the debtors are the ones who file for bankruptcy known as voluntary bankruptcy. Bankruptcy law is for the debtors to create a plan to pay off their creditors through the distribution of their assets. The bankruptcy law is commonly known for its chapters where it represents different ways of filing for bankruptcy. Some commonly used forms of bankruptcy for individuals are Chapters 7 for liquidation, 11 and 13 for reorganization. Not knowing the right kind of bankruptcy to file may result to serious effects for you and your loved ones.
The Responsibilities of Bankruptcy Lawyers
People who are continuously harassed by creditors can avail of the services of bankruptcy lawyers. Bankruptcy lawyers can represent you when talking to creditors and can help you secure your properties, house, and even vehicles. Their specialty lies in bankruptcy laws and therefore is knowledgeable in the ways to wipe off your debts. He can also give you straightforward advices that will help you in choosing the right kind of bankruptcy to file. Bankruptcy lawyers can explain thoroughly each type of bankruptcy that you can use.
Why Do We Need Bankruptcy Lawyers?
Let’s say that you are going to file for bankruptcy using Chapter 7. According to this chapter, you can turn over all non-exempt assets to the trustee who will then exchange it to cash to pay off your creditors in which you will receive a discharge of indebtedness. The discharge of indebtedness makes you free of all personal liabilities for the debts incurred.
Bankruptcy lawyers who are hired by commercial companies and business establishments can use Chapter 11 where they can pay off their debts while continuing their business. The court should approve first the plan that the company will be using to pay off their debts. There is also chapter 13 where it provides relief for both individuals and businesses alike. The purpose of this chapter is to enable the person to keep his properties, house and vehicle. The person is then asked to come up with a plan or a form of reorganization where he can pay off his debts. The bankruptcy lawyer can formulate a plan that will help you keep your properties and present it to the court. The court will then decide whether it can be applied or not depending on whether the plan meets the requirements of the Bankruptcy Code.
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