A company declares bankruptcy when it cannot pay its debts. The company may declare bankruptcy if it believes its financial flow will not be sufficient to pay all of its creditors. In most instances, the financial condition of a business appears hopeless, and there is likely no possibility of recovery. It is preferable for a business to voluntarily file for bankruptcy than to wait until creditors force it into bankruptcy. In such situations, creditors may place a lien on the business's assets, which the proprietors must pay. A lien is an agreement that gives the creditor or bank the right to sell the mortgaged or collateralized property of borrowers who default on their loan obligations.
Forms of Business Insolvency:
Business Liquidation - Chapter 7
Insolvency under Chapter 7 is also known as liquidation. When a company's debts are so overpowering that reorganization is not possible, it is advisable to pursue Chapter 7, or liquidation. It may eliminate unsecured debt such as credit card debt, medical expenses, and loans. Chapter 7 cannot be used to eliminate student loans, DUI personal injury judgments, trust fund penalties and taxes, or child support.
As the Chapter 7 trustee, an attorney or certified public accountant will collect and distribute your assets and funds to your creditors. In certain situations, you may be able to retain some or all of your assets. In general, your property, 401(k), IRA, pension, and cash value life insurance funds are exempt from seizure in bankruptcy and are not included in any payment plan you may be required to complete in order to retain control of your assets. Businesses are not protected against trustee seizure. Therefore, Chapter 7 bankruptcy is not always the best option for self-employed individuals.
A business owner obtains a """"discharge"""" at the conclusion of the case once the assets have been distributed and the trustee has been paid. A discharge means that the business proprietor is no longer responsible for the debts. However, neither partnerships nor corporations are discharged.
Reorganization of a Business - Chapter 11
Chapter 11 is preferable for enterprises with a possible future. Here, the business reorganizes and continues operations under the supervision of a court-appointed trustee. The proprietor of the business may serve as trustee. The company submits a reorganization plan detailing how it will deal with its creditors, who then vote on the plan. If the court determines that the plan is fair and equitable, it will grant approval. Reorganization plans stipulate that creditors will be paid over a period of time that may exceed twenty years. Chapter 11 bankruptcies are extraordinarily complicated and not all are successful.
Individual Insolvency - Chapter 13
Personal bankruptcy is referred to as Chapter 13 bankruptcy. It may prevent foreclosure and serve as a defense against foreclosure, allowing you time to repay your secured debts (such as your mortgage or auto loan). This Chapter is also known as the bankruptcy for wage earners. If your income exceeds the state median, you may be required to file under Chapter 13 rather than Chapter 7. Also, if your personal assets are intertwined with your business assets, as they are if you own a sole proprietorship, filing for Chapter 13 instead of Chapter 7 can help you avoid problems such as losing your home.
In this form of bankruptcy, you must file a repayment plan outlining how you will repay your debts with the bankruptcy court. This plan is typically for three to five years, and in order for it to be approved, you must pass a liquidation test that guarantees payment to unsecured creditors of at least the same amount of money they would have received in a Chapter 7 liquidation of your assets. The amount you must repay depends on your income, the loan amount, and the property you own.
What are your options for obtaining assistance?
There are numerous bankruptcy attorneys and law firms that can assist you in filing for bankruptcy. They specialize in bankruptcy-related legal and corporate matters. A bankruptcy attorney can also assist with negotiations with creditors and the avoidance of common errors that can lead to greater problems in the long run. A lawyer with knowledge of the Fair Debt Collection Practices Act (FDCPA) can protect you from creditor harassment, such as receiving a threatening collection letter, ensure that you are not being abused, and provide you with advice on how to remain financially afloat after you are discharged.
In addition, there are organizations that provide protection against creditor harassment. As a consumer protection agency, the Federal Trade Commission (FTC) enforces the Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from using abusive, unjust, or deceptive practices to collect debt from you. The Act lays out the rules for debt collection.
Mortgage Loan Modification, also known as mortgage modification, can help reduce your mortgage payments, make them more affordable, and preserve your home. You can modify the terms and conditions of a loan, obtain a reprieve, avoid foreclosure, and even remain in your residence through loan modification. A loan modification, on the other hand, is a modification of the original terms agreed upon by the lender and borrower, such as interest rates, principal balance, and loan duration. A loan modification is typically requested when the homeowner is unable to make payments or when the lender lacks the required documentation.
A loan moderator can assist you in obtaining a mortgage loan modification and avoiding foreclosure. Therefore, employing a loan modification attorney is the best course of action for individuals experiencing financial difficulties.
Finally, you can receive tax assistance for your tax issues from a tax attorney, which in certain instances can be used to reduce your debts. Under Chapter 7 or Chapter 13 of the Bankruptcy Code, certain income tax debts are eligible for discharge. Not all tax debts can be discharged; however, employing tax lawyers or tax attorneys can significantly improve your odds of having large tax debts reduced.
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