The fact is, people understand when they go bankrupt. In most of the cases they delay the decision of bankruptcy filing as they still hope against hope to be able to figure out another alternative; some postpone the idea of bankruptcy filing because of the fear of losing assets; while some avoids it due to the fear of staking their reputation. However the reality is harsh and as a matter of fact, postponing a decision and suffering alone when you are insolvent cannot be a solution to cope with the harrowing reality. It is advisable to take the legal help and consult with the bankruptcy attorneys to understand the legal process.
Bankruptcy law has made its presence felt as a counter reaction to the abuses of the ‘debtor prisoners’ (the debtor who failed to repay their debt were brutally imprisoned and abused. This was in fashion in the 19th century). In those days, borrowers languished in prison for years, surviving on what their family brought to them! Although today it sounds like a scary tale but it’s a fact.Bankruptcy Law was then created to provide a second chance to those hapless, in debts. That was just the beginning of a legal concept of helping the hapless to start afresh and after that there was no looking back.
The bankruptcy law now defines that the bankruptcy petition is basically a formal request to the federal court for relieving you from your growing debts whilst restructuring the debts, legally. In fact, the bankruptcy law concentrates on an array of proceedings under the Bankruptcy Code, which helps the individual or the partnership or business debtors in satisfying their debts. Under the Bankruptcy Code, there exist several types of bankruptcy like the Chapter 7, Chapter 11(structured typically for the business entities), Chapter 12 and Chapter 13. The decision to declare bankruptcy is indeed not an easy one and it should be the last resort as the legal system meant it to be. As a matter of fact, bankruptcy appears on your credit and stays there for years so it’s better to consult the Bankruptcy attorneys when filing bankruptcy.
However, to make any decision it’s always better to stay informed about the advantages and disadvantages of different types of bankruptcy. Chapter 7 is basically the liquidation proceeding, involving the collection and distribution of all the property of the debtors to the creditors, by a trustee. On the other hand the Chapters 12 and 13 typically involves the rehabilitation and reorganization of debts rather than liquidation of the debt. Chapter 12 bankruptcies is ideally structured for the anglers and the farmers; if you earn from family fishing or farming and if you have a steady income flow in the previous years, then you are eligible for filing Chapter 12 bankruptcy.
Let’s discuss about the advantage and disadvantage of Chapter 7 and Chapter 13 now.
Chapter 7 Bankruptcy, the advantages: Chapter 7 bankruptcy, typically allows you to have a fresh start. In fact as soon as the chapter 7 bankruptcy petition is discharged, the associated debts are also erased permanently.
Chapter 7 Bankruptcy, the disadvantage: The main downside of the chapter 7 bankruptcy is, it requires all the eligible assets to be liquidated to satisfy the petitioner’s debts. Also, chapter 7 bankruptcy makes a serious mark on the credit score and remains there for long.
Chapter 13 Bankruptcy, the advantage : This is also reckoned as the wage-earner’s petition, and this ideally reduces the debt obligation without disturbing the debtor’s personal possessions.
Chapter 13 Bankruptcy, the disadvantage The downside of this kind of bankruptcy is it compels you in following all the financial guidelines that the federal court regulates for you.
Imagine, what if when your negotiations with creditors fail, repossession looms large and your monthly income fails to pay the monthly bills! Confused, what to do at this stage? Well, it’s the time to consider bankruptcy. And if you are in Massachusetts, then look no further than Massachusetts Bankruptcy Center, your legal partner, to help you to get rid of debt with dignity. The Massachusetts bankruptcy center with its various locations, speckled all across Massachusetts and with the team of expert bankruptcy attorneys and support staff, offers you customized solution to regain your financial stability. The full service bankruptcy law firm offers case specific solution to befit every requirement. The attorneys have the expertise to hold your hand throughout the daunting legal proceedings and the firm utilize almost every opportunity in bankruptcy i.e., Redemption, Selling real estate in Bankruptcy, Avoid Liens on Property and many more.
Do not suffer alone, instead look for the expert advice, when you need the best legal help.