Bankruptcy – A Fresh Start

  • Insolvency

Bankruptcy – Get a Fresh Start

People often end up spending more than they earn making them unable to pay their dues. One of the best ways to protect yourself, according to Los Angeles based law firm Recovery Law Group is to file for bankruptcy. This offers a fresh start to people who are unable to pay their dues. They can liquidate their assets to clear their dues or form a repayment plan. Bankruptcy laws can be used to help protect financially unstable businesses too.

When a person files for bankruptcy under any chapter, their debts can be either discarded or a repayment plan can be formulated for repaying the dues. A petition for bankruptcy can be filed by an individual, a couple together, a business organization or any other person in a bankruptcy court to initiate a bankruptcy case. The bankruptcy cases are heard in federal courts with the U.S. Bankruptcy Code rules in mind.

Different types of bankruptcies exist and are usually referred to by their chapter in the U.S. Bankruptcy Code:

  • Chapter 7 and Chapter 13 of the Bankruptcy Code can be used by individuals to file for bankruptcy, depending on what their financial predicament is.
  • For municipalities like villages, towns, cities, taxing districts, school districts, and municipal utilities, bankruptcy can be filed to reorganize the financial structure under Chapter 9.
  • Businesses undergoing financial losses can file under Chapter 7 to liquidate their assets or under Chapter 11 to reorganize.
  • Farmers and fishermen families can file for bankruptcy under Chapter 12 to get debt relief.
  • In case of partnerships where parties from more than one countries are involved, bankruptcy filings can be made under Chapter 15.

The details about filing for bankruptcy can be understood as well as legal help sought from qualified lawyers. Since bankruptcy has long term repercussions, both financial and legal, it is recommended for people undergoing such trouble to consult experienced and qualified lawyers. In case you are unable to afford one, you are entitled to free legal services from Legal Services Corporation or American Bar Association’s Legal Help. One could also file for bankruptcy without a lawyer (called filing pro se). While filing for bankruptcy, it must be kept in mind that,

  1. Individuals or married couples need to fill bankruptcy forms numbered in the 100 series.
  2. Sole proprietors of any company must also use forms numbered in the 100 series when filing for bankruptcy.
  3. If you are filing for bankruptcy on behalf of a corporation, partnership or a limited liability company (LLC), you need to fill forms numbered in the 200 series.