Strategic Bankruptcy: A Logical Choice
In the world of filing for bankruptcy, there are many things that you can do or not do in order to make sure that you have the best chance of getting the right amounts of money to get yourself or your company back on track. There are several ways to go about filing for bankruptcy in a good way – in a way that will help you more than it will hurt you.
While bankruptcy fraud is a crime – filing for bankruptcy if you don’t need it or filing in a way that makes you look like you are less off than you are – strategic bankruptcy isn’t so much of a crime as it is simply a way to file for bankruptcy at just the right time and in just the right manner so that your assets end up doing what they are supposed to do – be an asset to you.
Usually, you will find that strategic bankruptcy filing takes place most often within companies. They work together to find out what is the best way to make sure that they cut all of their loses and get out of debt, without losing too much of their own at the same time. Most of the strategic bankruptcy filings are going to take place when a company has been just at the cusp of going into bankruptcy. They might divide up and sell their assets in a way so that these assets are no longer part of the company and not liable when the bankruptcy is filed. Then, they might file for bankruptcy and not have to worry about certain assets that have been taken care of. That way after what is left has been divided up, they still have something to go home to. This is different from bankruptcy fraud because it is all done with the notion that they are going to be filing for bankruptcy, and so there is no secrecy and there are no lies that go along with it.
Strategic bankruptcy takes planning and it takes help to make sure that you are filing at jus the right time. You also have to be sure that you have done enough to ensure that your company is going to survive in the long run, and that by filing just where you do and at what time you do, you are allowing yourself the better chance for success in the long run.
Tuesday, July 14, 2009
How to Prevent Bankruptcy
How to Prevent Bankruptcy
There are many things that you can do in order to prevent yourself from having to file for any type of bankruptcy. It is very important that you figure out if any of these things can be done by you to avoid having to file for bankruptcy, because you are going to find that even if you file for bankruptcy and are able to be absolved of some of your debt, it is going to be disastrous for your credit report for at least 10 years and you are going to have even more trouble getting loans and other types of credit during that time frame.
In order to avoid filing for bankruptcy, you have to be able to stop it from coming a long way off. The most important thing that you can do to save yourself from having to deal with bankruptcy would be to find ways to make sure that you are protecting your credit while you have it. Be careful with credit cards and loans; be sure to not keep any funds out that you should not keep out. Make all of your payments on time, and pay more than the minimum amount due if at all possible. Remember that this is extremely important because it is going to be the only way that you can find yourself able to prevent bankruptcy when it is just beginning.
There are other things that you can do when you sense that you are getting into financial trouble. If you are finding that you are unable to pay certain bills, you should contact each of the places separately and see what can be worked out to make sure that you are going to be making the payments on time. Most credit card companies and other places have payment plans that you can be a part of, so it is a good idea to check these out. Never be afraid to ask what your options are because the creditors are going to want to get their money from you and if you have to file for bankruptcy that often means that they aren’t going to be getting all of the money that they are owed. If they know that you are trying your best to pay whatever you can, you might be able to find a way to get the debt taken care of and to get back on the track to getting everything paid off. This is something that is worth considering so that you are going to be able to pay back things that are owed to you.
There are many things that you can do in order to prevent yourself from having to file for any type of bankruptcy. It is very important that you figure out if any of these things can be done by you to avoid having to file for bankruptcy, because you are going to find that even if you file for bankruptcy and are able to be absolved of some of your debt, it is going to be disastrous for your credit report for at least 10 years and you are going to have even more trouble getting loans and other types of credit during that time frame.
In order to avoid filing for bankruptcy, you have to be able to stop it from coming a long way off. The most important thing that you can do to save yourself from having to deal with bankruptcy would be to find ways to make sure that you are protecting your credit while you have it. Be careful with credit cards and loans; be sure to not keep any funds out that you should not keep out. Make all of your payments on time, and pay more than the minimum amount due if at all possible. Remember that this is extremely important because it is going to be the only way that you can find yourself able to prevent bankruptcy when it is just beginning.
There are other things that you can do when you sense that you are getting into financial trouble. If you are finding that you are unable to pay certain bills, you should contact each of the places separately and see what can be worked out to make sure that you are going to be making the payments on time. Most credit card companies and other places have payment plans that you can be a part of, so it is a good idea to check these out. Never be afraid to ask what your options are because the creditors are going to want to get their money from you and if you have to file for bankruptcy that often means that they aren’t going to be getting all of the money that they are owed. If they know that you are trying your best to pay whatever you can, you might be able to find a way to get the debt taken care of and to get back on the track to getting everything paid off. This is something that is worth considering so that you are going to be able to pay back things that are owed to you.
Getting your finances back on track
Getting your finances back on track
There are many ways that you can get your finances back on track, either to avoid bankruptcy or after you have gone through the bankruptcy process. The first step to making sure that your finances are more manageable is to get organized. Bring all of your statements and bills into one place and find out exactly how much you owe to each place. Then, see how much money you are bringing in that you can afford to put towards what you owe. When you have done this, you are going to see if you can manage to make the minimum payments or not.
If you find that you are still unable to make the minimum payments even after you have organized all of your finances and have a list of what you owe, you might want to consider contacting each individual creditor and asking if there is anything that they can do to lower your payments. If they know that you are looking at bankruptcy, or that you are afraid this is going to happen, they are going to be willing to help you because if you do file for bankruptcy they aren’t going to end up getting all of the money that they hope to get from you. So, talk to each of the creditors. Make sure that they know what your situation is and give them the amount that you are willing to pay per month. More often than not there is something that they can work out for you.
Another thing that you should remember when you are getting your finances back on track is that building up credit is very important. You should be sure that you are finding ways to build your credit. Sometimes this means taking out a small credit card or a small loan and paying it off right away. This is a great way to build your credit little by little. As you build your credit you are going to find that you are able to pay back certain things that are owed and that you are getting more and more credit as you go along. These are all great ways to make sure that your finances are getting back on track, which is going to help you to be more successful when it comes to getting more credit and getting more money. Remember that you need to make sure to make each payment, and to make it on time. This is a great way to get your finances on track and be sure that you are putting your best options on the table.
There are many ways that you can get your finances back on track, either to avoid bankruptcy or after you have gone through the bankruptcy process. The first step to making sure that your finances are more manageable is to get organized. Bring all of your statements and bills into one place and find out exactly how much you owe to each place. Then, see how much money you are bringing in that you can afford to put towards what you owe. When you have done this, you are going to see if you can manage to make the minimum payments or not.
If you find that you are still unable to make the minimum payments even after you have organized all of your finances and have a list of what you owe, you might want to consider contacting each individual creditor and asking if there is anything that they can do to lower your payments. If they know that you are looking at bankruptcy, or that you are afraid this is going to happen, they are going to be willing to help you because if you do file for bankruptcy they aren’t going to end up getting all of the money that they hope to get from you. So, talk to each of the creditors. Make sure that they know what your situation is and give them the amount that you are willing to pay per month. More often than not there is something that they can work out for you.
Another thing that you should remember when you are getting your finances back on track is that building up credit is very important. You should be sure that you are finding ways to build your credit. Sometimes this means taking out a small credit card or a small loan and paying it off right away. This is a great way to build your credit little by little. As you build your credit you are going to find that you are able to pay back certain things that are owed and that you are getting more and more credit as you go along. These are all great ways to make sure that your finances are getting back on track, which is going to help you to be more successful when it comes to getting more credit and getting more money. Remember that you need to make sure to make each payment, and to make it on time. This is a great way to get your finances on track and be sure that you are putting your best options on the table.
Filing Chapter 13
Filing Chapter 13
When it comes to different types of bankruptcy, there are different ways that you can file depending on who you are and where your money is currently tied up. Chapter 13 bankruptcy is a way of filing for individuals who live in the United States. These individuals are going to undergo a reorganization of their finances, which will be supervised, by a bankruptcy court. The chapter 13 bankruptcy is geared towards individuals who are in debt but who are currently earning income. If they are able to fulfill a court approved plan, they are going to be able to be completely rehabilitated from their debts.
If you are badly in debt, you have your choice of filing for either Chapter 7 or Chapter 13 bankruptcy. It is all going to depend on what kind of income you are bringing in. If you are not bringing in enough money, there isn’t going to be any way that you can file for Chapter 13, because Chapter 13 requires that you fulfill certain obligations.
If you have filed for Chapter 13, you are going to have a plan to pay back your creditors over 3 to 5 years. In this period of time, the creditors to whom you owe money cannot attempt to get this money from you except through the bankruptcy court. You will still get to keep your property, and the creditors are going to end up with less money than they are actually owed.
It is sometimes a good thing to file for Chapter 13 instead of Chapter 7. For instance, you are going to be able to stop a bank from foreclosing on your house, and you’ll be able to have a mortgage that has been accelerated actually be reinstated once you have completed the plan. However, the disadvantage is that you are going to have this on your record for at least 10 years. You are also not going to be able to get additional credit while you are trying to pay back your debts.
When you file for Chapter 13, you are going to develop and file a plan with the courts. This is going to tell you that you have to find ways to pay back your debts. These ways include committing every penny of the money you earn towards the debts for at least 3 years, making sure that the creditors are going to get at least as much money as they would if you file for Chapter 7, and provide a meaningful payback to your creditors.
When it comes to different types of bankruptcy, there are different ways that you can file depending on who you are and where your money is currently tied up. Chapter 13 bankruptcy is a way of filing for individuals who live in the United States. These individuals are going to undergo a reorganization of their finances, which will be supervised, by a bankruptcy court. The chapter 13 bankruptcy is geared towards individuals who are in debt but who are currently earning income. If they are able to fulfill a court approved plan, they are going to be able to be completely rehabilitated from their debts.
If you are badly in debt, you have your choice of filing for either Chapter 7 or Chapter 13 bankruptcy. It is all going to depend on what kind of income you are bringing in. If you are not bringing in enough money, there isn’t going to be any way that you can file for Chapter 13, because Chapter 13 requires that you fulfill certain obligations.
If you have filed for Chapter 13, you are going to have a plan to pay back your creditors over 3 to 5 years. In this period of time, the creditors to whom you owe money cannot attempt to get this money from you except through the bankruptcy court. You will still get to keep your property, and the creditors are going to end up with less money than they are actually owed.
It is sometimes a good thing to file for Chapter 13 instead of Chapter 7. For instance, you are going to be able to stop a bank from foreclosing on your house, and you’ll be able to have a mortgage that has been accelerated actually be reinstated once you have completed the plan. However, the disadvantage is that you are going to have this on your record for at least 10 years. You are also not going to be able to get additional credit while you are trying to pay back your debts.
When you file for Chapter 13, you are going to develop and file a plan with the courts. This is going to tell you that you have to find ways to pay back your debts. These ways include committing every penny of the money you earn towards the debts for at least 3 years, making sure that the creditors are going to get at least as much money as they would if you file for Chapter 7, and provide a meaningful payback to your creditors.
Bankruptcy and Exempt Property
Bankruptcy and Exempt Property
When you are dealing with bankruptcy, it can seem like everything is going in a way that is bad for you. Most ways that you will be filing bankruptcy include the fact that whether you have a business or you are an individual, you are going to have to have your property taken away from you so that you can pay back your creditors. It might feel like you are losing everything, because everything is being taken.
However, you should know that there are certain things that are exempt from being taking in order to pay back your creditors. The reason that there is exempt property stems from the actually point behind bankruptcy. Filing for bankruptcy serves two main purposes. It allows the creditors to get the money that they need, and it is also a way for the person who is filing bankruptcy to get on with their lives and to get a fresh start. Because of the fact that bankruptcy is meant to have a fresh start, it means that there is going to be certain exempt property, which are the things that you need to actually have this fresh start.
Because you are supposed to be starting again, there are certain things that will be exempt from bankruptcy. If you own a house, but there is no value in the house for the creditors, it will be exempt property. The same with the car that you need to drive to work so that you can make a fresh start. It will also be exempt, unless there is great value in it for the creditors.
Also, any retirement funds or other funds that you have acquired are not going to be able to be taken by the creditors because they are exempt property. Your household goods are not usually found to have been of any resale value, so these are exempt as well. The bank cannot take your wedding rings, either.
There are several ways to decide what is going to be exempt and what is not. Basically you have to look at the resale value of whatever it is that is in question to see whether or not you think it is going to be able to be resold for a higher value than you owe. If not, then that property will be exempt and you will be able to make a fresh start with it. If you have any questions, talk to a lawyer about what is and what is not exempt property.
When you are dealing with bankruptcy, it can seem like everything is going in a way that is bad for you. Most ways that you will be filing bankruptcy include the fact that whether you have a business or you are an individual, you are going to have to have your property taken away from you so that you can pay back your creditors. It might feel like you are losing everything, because everything is being taken.
However, you should know that there are certain things that are exempt from being taking in order to pay back your creditors. The reason that there is exempt property stems from the actually point behind bankruptcy. Filing for bankruptcy serves two main purposes. It allows the creditors to get the money that they need, and it is also a way for the person who is filing bankruptcy to get on with their lives and to get a fresh start. Because of the fact that bankruptcy is meant to have a fresh start, it means that there is going to be certain exempt property, which are the things that you need to actually have this fresh start.
Because you are supposed to be starting again, there are certain things that will be exempt from bankruptcy. If you own a house, but there is no value in the house for the creditors, it will be exempt property. The same with the car that you need to drive to work so that you can make a fresh start. It will also be exempt, unless there is great value in it for the creditors.
Also, any retirement funds or other funds that you have acquired are not going to be able to be taken by the creditors because they are exempt property. Your household goods are not usually found to have been of any resale value, so these are exempt as well. The bank cannot take your wedding rings, either.
There are several ways to decide what is going to be exempt and what is not. Basically you have to look at the resale value of whatever it is that is in question to see whether or not you think it is going to be able to be resold for a higher value than you owe. If not, then that property will be exempt and you will be able to make a fresh start with it. If you have any questions, talk to a lawyer about what is and what is not exempt property.
Saturday, May 30, 2009
The Chapter 7 Bankruptcy Timeline
The Chapter 7 Bankruptcy Timeline
Bankruptcy is when you legally declare that you can no longer repay your debts. Individuals have the choice of either declaring chapter 7 or chapter 13 bankruptcies, depending on the severities of their debts and the incomes being made. Of most, chapter 7 bankruptcy makes the most sense, although you should consider both carefully and do what is right for your. However, if you do declare chapter 7 bankruptcy, here is how it will play out:
First, your declaration officially begins when you sign the paperwork and file the proper documents with a bankruptcy court. In most states, you have to finish a counseling course regarding bankruptcy so that you can be sure this is the correct option for you. This can be done no longer than six months before file your paperwork. Upon filing, your wages will no longer be garnished and your creditors can no longer proceed with legal actions against you or, in most cases, even call you regarding your debt. The court will contact your creditors.
Next, you must meet with your creditors in what is called the 341 meeting. Creditors may or may not choose to attend, but you must be there. A trustee will be assigned to your case and presides. This meeting will typically only last five minutes, and creditors usually do not show up. Afterwards, your trustee will sell any of your possessions that are nonexempt. Creditors have up to 90 days to then file claims. A bankruptcy lawyer will be assigned to help you through this process.
After the 90 days are over, or after all of your creditor have files their claims (whichever comes first), you will be discharged and all of your debts will be written off, except certain exceptions, like student loans and child support payments. Other debts that cannot be wiped clean from your slate include alimony obligations and taxes.
Be aware that most of your possessions can be sold when you file for bankruptcy and will be sold rather quickly. In many cases, it is better to sell them yourself for more money before you declare bankruptcy and use them to help pay off debts. If you can do this effectively, you might not have to declare bankruptcy at all. If you can, look for options to avoid bankruptcy. You have choices, and debt counselors can help you figure out a financial plan that is right for you. Get more info.
Click Here!
Bankruptcy is when you legally declare that you can no longer repay your debts. Individuals have the choice of either declaring chapter 7 or chapter 13 bankruptcies, depending on the severities of their debts and the incomes being made. Of most, chapter 7 bankruptcy makes the most sense, although you should consider both carefully and do what is right for your. However, if you do declare chapter 7 bankruptcy, here is how it will play out:
First, your declaration officially begins when you sign the paperwork and file the proper documents with a bankruptcy court. In most states, you have to finish a counseling course regarding bankruptcy so that you can be sure this is the correct option for you. This can be done no longer than six months before file your paperwork. Upon filing, your wages will no longer be garnished and your creditors can no longer proceed with legal actions against you or, in most cases, even call you regarding your debt. The court will contact your creditors.
Next, you must meet with your creditors in what is called the 341 meeting. Creditors may or may not choose to attend, but you must be there. A trustee will be assigned to your case and presides. This meeting will typically only last five minutes, and creditors usually do not show up. Afterwards, your trustee will sell any of your possessions that are nonexempt. Creditors have up to 90 days to then file claims. A bankruptcy lawyer will be assigned to help you through this process.
After the 90 days are over, or after all of your creditor have files their claims (whichever comes first), you will be discharged and all of your debts will be written off, except certain exceptions, like student loans and child support payments. Other debts that cannot be wiped clean from your slate include alimony obligations and taxes.
Be aware that most of your possessions can be sold when you file for bankruptcy and will be sold rather quickly. In many cases, it is better to sell them yourself for more money before you declare bankruptcy and use them to help pay off debts. If you can do this effectively, you might not have to declare bankruptcy at all. If you can, look for options to avoid bankruptcy. You have choices, and debt counselors can help you figure out a financial plan that is right for you. Get more info.
Click Here!
Is Bankruptcy Right for you?
Is Bankruptcy Right for you?
Bankruptcy is a financial practice that allows you to officially declare that you cannot repay your debts now and do not see how it will ever be possible in the future. Declaring Bankruptcy is a big step. For some people, there are other ways to get out of debt, like debt consolidation or negotiating with your lenders. However, if your best option for getting out of debt is bankruptcy, than you should take steps to make this financial situation work in the best possible way for you. A financial profession can help you do that. In any case, before you jump into anything, you need to fully decide if bankruptcy is right for you.
First, it is important to learn as much as you can about bankruptcy. For individuals, chapter 7 and chapter 13 are the two types of bankruptcy that can be filed. There are other options for businesses and entities. Learn the difference between the two so you can see how they work. If bankruptcy is right for you, you must be aware of your obligations and your lenders’ choices.
Once you have learned all you can about bankruptcy, take a moment to consider other options. For example, you can consolidate your debts into one large monthly payment. If you are considering bankruptcy because you just barely miss paying off your bills on time every month or if you feel overwhelmed by credit card debt, this may be a great option for you. You can also try doing nothing and living simply for a number of years, which works well if you have no family for which you are responsible. Another options is negotiating with your lenders. In the end, there are many different options other than bankruptcy, so make sure that your second step is to consider them all.
Next, check out the requirements for eligibility for declaring bankruptcy. If your debts are too high and your income too low, you probably will not qualify for chapter 13 bankruptcy. On the other hand, if your income is too high and your debts too low, you probably will not qualify for chapter 7 bankruptcy. In some cases, you may not qualify for either, and this is a sign that you did not think through your other choices.
Consider all of your property and debts if you do qualify. What will happen to your home? Your car? Your retirement plan? Every state has different specification when to comes to this, so make sure that you understand how your property will or will not be taken. Also, it is important to begin compiling lists of your assets and debts. Remember that some debts cannot be wiped out, like child support payments.
Once you have all your information compiled, you can begin the declaration process. It is best to work with a lawyer or financial professional to complete this task, and remember to always be completely honest. Declaring bankruptcy is not for everyone, but it can work for some people. Click Here!
Bankruptcy is a financial practice that allows you to officially declare that you cannot repay your debts now and do not see how it will ever be possible in the future. Declaring Bankruptcy is a big step. For some people, there are other ways to get out of debt, like debt consolidation or negotiating with your lenders. However, if your best option for getting out of debt is bankruptcy, than you should take steps to make this financial situation work in the best possible way for you. A financial profession can help you do that. In any case, before you jump into anything, you need to fully decide if bankruptcy is right for you.
First, it is important to learn as much as you can about bankruptcy. For individuals, chapter 7 and chapter 13 are the two types of bankruptcy that can be filed. There are other options for businesses and entities. Learn the difference between the two so you can see how they work. If bankruptcy is right for you, you must be aware of your obligations and your lenders’ choices.
Once you have learned all you can about bankruptcy, take a moment to consider other options. For example, you can consolidate your debts into one large monthly payment. If you are considering bankruptcy because you just barely miss paying off your bills on time every month or if you feel overwhelmed by credit card debt, this may be a great option for you. You can also try doing nothing and living simply for a number of years, which works well if you have no family for which you are responsible. Another options is negotiating with your lenders. In the end, there are many different options other than bankruptcy, so make sure that your second step is to consider them all.
Next, check out the requirements for eligibility for declaring bankruptcy. If your debts are too high and your income too low, you probably will not qualify for chapter 13 bankruptcy. On the other hand, if your income is too high and your debts too low, you probably will not qualify for chapter 7 bankruptcy. In some cases, you may not qualify for either, and this is a sign that you did not think through your other choices.
Consider all of your property and debts if you do qualify. What will happen to your home? Your car? Your retirement plan? Every state has different specification when to comes to this, so make sure that you understand how your property will or will not be taken. Also, it is important to begin compiling lists of your assets and debts. Remember that some debts cannot be wiped out, like child support payments.
Once you have all your information compiled, you can begin the declaration process. It is best to work with a lawyer or financial professional to complete this task, and remember to always be completely honest. Declaring bankruptcy is not for everyone, but it can work for some people. Click Here!
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