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Things To Know Before Filing Bankruptcy Laws
Feb 17th
Bankruptcy has been a growing trend throughout the country over the last decade. Several people file for bankruptcy. It is designed for one thing, that is to help people when they need help. There’s nothing wrong with asking for help. Certain bankruptcy proceedings allow a debtor to stay in business and use revenue generated to resolve his or her debts. An additional purpose of bankruptcy law is to allow certain debtors to free themselves (to be discharged) of the financial obligations they have accumulated, after their assets are distributed, even if their debts have not been paid in full.
The United States Trustee was established by Congress to handle many of the supervisory and administrative duties of bankruptcy proceedings. Proceedings in bankruptcy courts are governed by the Bankruptcy Rules which were promulgated by the Supreme Court under the authority of Congress.
There are two basic types of Bankruptcy proceedings. A filing under Chapter 7 is called liquidation. It is the most common type of bankruptcy proceeding. Liquidation involves the appointment of a trustee who collects the non-exempt property of the debtor, sells it and distributes the proceeds to the creditors. Bankruptcy proceedings under Chapters 11, 12, and 13 involve the rehabilitation of the debtor to allow him or her to use future earnings to pay off creditors.
Under Chapter 7, 12, 13, and some 11 proceedings, a trustee is appointed to supervise the assets of the debtor. A bankruptcy proceeding can either be entered into voluntarily by a debtor or initiated by creditors. After a bankruptcy proceeding is filed, creditors, for the most part, may not seek to collect their debts outside of the proceeding. The debtor is not allowed to transfer property that has been declared part of the estate subject to proceedings. Furthermore, certain pre-proceeding transfers of property, secured interests, and liens may be delayed or invalidated. Various provisions of the Bankruptcy Code also establish the priority of creditors’ interests.
Bankruptcy has been a growing trend throughout the country over the last decade. Chances are, you know several people that have had to file for bankruptcy. Remember, it’s designed for one thing — to help people when they need help. There’s nothing wrong with asking for help.
Bankruptcy attorneys should explain the applications of the new bankruptcy laws. The attorney should explain how they function to relieve individuals and businesses from indebtedness and provide a new financial start. You need to know how the bankruptcy code regulates the bankruptcy proceedings. The attorney will help you understand which chapter you may file under, what bills can be eliminated, how long payments may be extended, what possessions can be kept, and all other details regarding the bankruptcy case
About the Author:
John Steed has many years of experience dealing with bankruptcy laws and he is the editor of the website Bankruptcy-Laws.org. To learn more about the new bankruptcy laws and how to file bankruptcy online just visit Bankruptcy-Laws.org and get all your bankruptcy questions answered.
Things To Know About Chapter 7 bankruptcy laws
Feb 16th
To file for Chapter 7 bankruptcies, the debtor files a petition with the bankruptcy court serving the area where the debtor lives or where the business debtor operates the business, or where the debtor has most of their assets. You are permitted to retain certain “exempt property” but all remaining assets are liquidated (sold) by the bankruptcy court Trustee. You should also understand that if you file a chapter 7 bankruptcy you could loose some or all or your property! This may be an advantage or disadvantage depending on how much equity you have in the asset.
Chapter 7 bankruptcy is an “order of relief” that triggers an “automatic stay” thus all creditors and collectors are prohibited from pursuing you or your property outside of the bankruptcy proceeding is provided by chapter 7 of bankruptcy laws.
This may or may not mean that all employees will lose their jobs. When a very large company enters Chapter 7 bankruptcy, entire divisions of the company may be sold intact to other companies during the liquidation. Chapter 7 of the Title 11 of the United States code (Bankruptcy Code) governs the process of liquidation under the bankruptcy laws. Chapter 7 is the most common form of bankruptcy.
One type of Bankruptcy filing, available to consumer debtors and corporations, is a Chapter 7 petition. In a Chapter 7 filing, once the property distribution occurs, the court will most likely discharge the debtor from further repayment obligations to the unsecured creditors. However, there are some exceptions to this general rule. The discharge of the debt may not be allowed by the court if evidence shows the debtor used fraudulent behavior to incur the debt. Once all assets of the corporate or partnership debtor have been fully administered, the case is closed. The debts of the corporation or partnership theoretically continue to exist until applicable statutory periods of limitations expire.
Often these debts will be liquidated with the use of a CRO. This is a court appointed officer who is required to auction the properties of the concerned company. In the case of L.I.D. for example, the CRO was Consensus Advisors LLC. They performed an initial due diligence to find a suitable “stalking horse bidder.” The stalking horse bidder was then required to provide a guarantee that at some minimum “reserve”.
In a Chapter 7 filing, once the property distribution occurs, the court will most likely discharge the debtor from further repayment obligations to the unsecured creditors. However, there are some exceptions to this general rule. The discharge of the debt may not be allowed by the court if evidence shows the debtor used fraudulent behavior to incur the debt.
About the Author:
John Steed has many years of experience dealing with bankruptcy laws and he is the editor of the website Bankruptcy-Laws.org. To learn more about the new bankruptcy laws and how to file bankruptcy online just visit Bankruptcy-Laws.org and get all your bankruptcy questions answered.
Understanding Your Student Loan Consolidation Program Options
Feb 14th
You did it! You scrimped and saved and studied and worked and borrowed more money than you ever have in your life, but you did it! You finally finished school. Most likely, you’ve got a few months of grace period to get settled into your new job – hopefully it’s in the field you studied for – and then those student loan payments are gonna start coming do. Plan now to keep your expenses in check while ensuring that managing your education debt is a part of your long term financial plan.
The first place many borrowers will look for a consolidation program is FFEL consolidation. Federal Family Education Loan consolidation offers the option of putting all of your federally funded education debt – both subsidized and unsubsidized – under a single plan. This option can even work for those unfortunate souls who have been in default in the past, and offer fixed rates, extended terms to help you get started in your new life without worrying about loan payments eating up most of threat tiny entry level salary.
Private consolidation loans can package all of your non-federal loans into a single easy to make payment often with extended terms to lower the monthly bite even more (Though at the price of a higher overall cost.) Private and federal loans cannot generally be consolidated into the same package due to the variance in interest rates between them. Private loan interest rates are based on the borrower’s credit rating so if your credit rating has improved since graduation – through a better job, etc. – they may be a good option.
Parents who borrowed on their children’s behalf can also consolidate their loans with a PLUS loan consolidation. Again, extended terms and fixed rates make the monthly sting of payments a little easier to bear, though parents will want to explore a variety of options to ensure that they are making the best deal when consolidating their PLUS loans.
There are many alternative ways of consolidating education financing. For homeowners a second mortgage may provide a better solution to a consolidation loan giving the borrower the option to put of their education loans into a single package. Private loans from family members are another way some grads handle their finances, and for a lucky few, some employers even offer tuition reimbursement programs.
New technologies have come to the lending world where the idea of peer-to-peer programs and micro-financing has taken root. Peer to peer financing allows the borrower to present a request for funding to a group of potential “micro-investors” who then bid on the loan by offering different rates and terms. Once a deal is struck the network services the loan, ensures payments are made and the necessary paperwork is taken care of. For borrowers with needs outside the comfort zone of traditional banks a P2P loan may help them get started down the path to getting their loans paid off.
You did it! You managed to finish school and are about to make your way into the “real” world. Thanks to the variety of consolidation programs available for the modern education loan, you can get started on the right track with manageable debt load and a solid plan for your financial future. Find the package that works for you, make a plan and stick with it, and you’ll be paying down those student loans in no time.
About the Author:
Dennis Powell frequently write about student loan debt consolidation and the consolidation of federal loans for private students.