When individuals need information, bankruptcy attorneys are experts in their fields. It may have become crystal clear that you need financial help, but how do you go about actually getting it? The fact is that many people seek a bankruptcy attorney long after they should have and the result is the situation can only be resolved through a total liquidation. If the attorney had been consulted earlier there might be a possibility of avoiding liquidation and obtaining a court ordered repayment plan instead.
Deciding if bankruptcy is the right choice can be difficult. It is human nature to believe you can handle your financial problems without help. That's one reason why people let things get out of hand. You let one bill get behind, and then another and then start playing the game of paying a bill every other month so that you're always running 60 or more days behind. This is a dangerous game to play when it's your house or car payment falling behind since they represent the roof over your head and the transportation to work.
Eventually, the collection calls start. Creditors will call you at work, at home, leave disguised cell phone messages so you'll call back, send delinquent notices and registered letters. It feels like you are being harassed, but all these people want is their money that you legitimately owe them. Unfortunately, when you start to fall behind, it gets very difficult to catch up again. The interest charges climb and accumulate, late fees and penalties increase balances and yet your income stays the same.
The sooner you consult a bankruptcy attorney, the greater chance you have of being able to take advantage of bankruptcy alternatives. Bankruptcy alternatives include credit counseling and renegotiating debt. But after a certain point, bankruptcy may be the only answer. When that becomes the case, the attorney you choose can help you in ways that don't seem possible when financially desperate. An attorney can review your financial status and then determine how to apply the bankruptcy laws in order to find you relief as quickly as possible.
The word "bankruptcy" is a scary word to many people which is why they try to avoid it for as long as possible. But when a financial situation has no hope of improving given your current income, it doesn't make any sense to wait until it gets even worse. If you wait too long, you'll find yourself dealing with garnishments, bank account seizures and liens against your property instead of just harassing collection telephone calls.
With a bankruptcy, you actually put the law to work for you. In many cases, for example, a business can keep operating and individuals are able to keep their houses. But at this stage, you also have to have a total attitude change about debt. Debt is supposed to work for you and not against you. A bankruptcy can not only eliminate most or all of your debt, it is also a lesson in money management.
There are many types or forms bankruptcy can take. The US bankruptcy laws are designed to help individuals, businesses and even municipalities that are having severe debt problems that appear to be unsolvable within the current income or revenue levels. There are many reasons why this happens, but the reasons seem unimportant when buried under a mountain of debt. As many people discover when bills become backlogged, debt collection practices are harsh. The phone rings off the hook with collectors, and the late notices and penalty charges only seem to make the situation worse by the day. When you owe back taxes, the IRS is relentless when it comes to collecting the money.
The forms of bankruptcy are defined as chapters. The chapters were written to provide a specific form for filing when you are an individual, farmer, business, or municipality. Most people are aware of the availability of bankruptcy laws applicable to people and businesses, but even counties and cities can find themselves unable to pay their debt. Right now there is a current case in Alabama in which a county cannot pay its sewer bonds and is considering filing bankruptcy.
The first form bankruptcy takes for individuals is chapter 7. A chapter 7 is a liquidation bankruptcy in which your non-exempted assets are used to pay off as much debt as possible and the remaining balances are eliminated. A chapter 13 is called an individual debt adjustment form. In this case, an individual agrees to a court defined debt repayment plan.
Another form bankruptcy can take is chapter 11 which is a business reorganization plan. Under this chapter, the business asks for the debt to be adjusted in a way that makes it workable. The business can also ask for a total reorganization which is often what you read about large corporations doing in order to stay in business. Farm businesses, on the other hand, will file a chapter 12 when needing debt relief.
The other types of bankruptcies are chapter 9 for municipalities and chapter 15 for ancillary cases or cases which don't fit the other defined chapters. There are even bankruptcy laws that address service people who are unable to pay their debts because they are overseas serving their country.
It is easy to see how complex the bankruptcy codes really is and it is a work in progress too. Every day new court cases refine the code based on actual experiences. A good bankruptcy attorney will always stay current on the laws so that you are able to get the best advice possible. The goal is to help you or your business start over again financially, but in a way that is the best fit for your situation.
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