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Bankruptcy
is a declared inability of an individual or a firm to pay to their creditors.
It is a legal process.
Bankruptcy
is divided into four types, called chapters. They are as follows:
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Chapter
7 or Liquidation bankruptcy - It is applicable to both individuals
and business debtors. In this case the non-exempt property is equally
distributed among the creditors to discharge the debt. The business
debtors must terminate their business dealings to pay off the debt
by liquidating their assets. The court appoints a trustee and it is
he who takes care of the discharge. The debtors are allowed to keep
the money they earn after filing for bankruptcy. The process takes
4-6 months and costs as little as $200.You need to go to court just
once. This legal procedure gives you a clean financial slate from
which you can make a fresh start.
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Chapter
13 or Wage earner plan bankruptcy or Reorganization bankruptcy -It
is applicable for individuals who have a regular income source. Their
debts should not exceed $922,975; for secured debts and your unsecured
debts cannot be more than $307,675.The debts cannot be wiped out at
one go. It usually takes 3 years, but the court will approve the case
only for 5 years. The bankruptcy trustee plans out your debt discharge
according to your income .The payments must be made to the trustee.
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Chapter
11-It is available to the business debtors, individuals and partnerships.
This is one way to restructure the debts and discharge the same .But
you don't need to stop business dealings for this process. It is a
very complex process and involves no debt limits like chapter 13 has.
But it is used only by business enterprises because the high costs
are affordable to them. It is the most flexible too, yet it is not
very popular. Any payment plan to discharge the debts needs to be
approved by a majority vote from the lenders. This vote value is decided
by the amount owed to each lender and other associated factors.
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Chapter
12-It is applicable to those who conform to the definition of 'family
farmer' set in the statute. One should not have debts on excess of
$1,500,000.Eighty percent of the debts should be through farming operation.
This chapter is based on the principles of Chapter 13.The unsecured
debts will be discharged within five years but the secured debts which
have a tenure exceeding the payment plan period still stand.
Other
Aspects of Bankruptcy
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When
a person is declared bankrupt, he is discharged of most of the financial
obligations.
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A
bankruptcy is declared either voluntarily by the debtor or involuntarily
by the creditor to whom you owe debt.
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It
allows the debtor to resolve his debts through the division of his
assets among his creditors.
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The
bankruptcy rate is one indicator of the general economic wealth and
prosperity of a country.
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High
bankruptcy rates may indicate a weakening of the overall economy.
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Bankruptcy
leaves a permanent black mark on your credit. So, decide carefully
before filing for a bankruptcy.
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It
gives a debtor an opportunity to have a fresh start, by eliminating
all debts and obligations.
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