Bankruptcy

Frequently Asked Questions About Business Bankruptcy

Call: 888-297-6203 Whenever a company reaches its breaking point, insolvency beckons. If declaring bankruptcy is the best option for the company, it can either be done by the company as a whole or by the owner of the company. Here are some typical queries regarding the operation of a business bankruptcy. In the event that I declare bankruptcy, what happens to my corporation? The filing by a shareholder has no impact on the corporation because it is a separate legal entity from its shareholders. Shares of the corporation owned by the insolvent shareholder are a property of his [...]

2023-03-31T07:44:30+00:00

When The Business Fails, What Are Your Options?

Call: 888-297-6203 When it becomes clear that your start-up firm has to wind down, what can you or should you do? Shutting down an insolvent firm offers a difficult task for the entrepreneur since you must respect the legal rights of creditors while minimising the harm to the founders and workers. First, some fundamental ideas: An bankrupt corporation's board of directors has a duty of allegiance to the creditors, not the owners. Prior to the claims of the company's stock holders, creditors are paid. Some creditors can lawfully be paid by management, but not others. It relies on [...]

2023-03-30T09:40:54+00:00

Tests For Financially Struggling Small Businesses

Call: 888-297-6203 The most difficult decision for a small business owner facing bankruptcy is whether or not the company has a future. You need to establish the following facts in order to go forward: What led to the issues the company is currently experiencing? Exist any chances for improvement? Can bankruptcy lead to change? Reorganization restrictions Reorganization cannot establish a market, boost gross sales, or correct a mismatch between the talents on hand and the ones needed to operate the firm. Reorganization could allow for the rejection of leases or contracts that are no longer advantageous (such as [...]

2023-03-30T12:09:33+00:00

Why Would A Corporation Be Bankrupt?

Call: 888-297-6203 A good query! When does it make sense for a company to file for bankruptcy, given that a corporation doesn't receive a discharge under Chapter 7? Why not just shut the doors, liquidate the assets, and let the state declare the corporation to be dissolved? Positive aspects of corporate bankruptcy Under our opinion, a corporation should only file a Chapter 7 petition in the following two circumstances: When an asset that may be used to pay obligations for which the shareholders or executives are personally accountable, such as trust fund taxes, is about to be encumbered [...]

2023-03-30T12:12:08+00:00

Three Important Questions About Business Bankruptcy

Call: 888-297-6203 It might be difficult to decide whether to give up when business isn't doing well. Let's examine some crucial details that can restrict the net advantages a company might experience after bankruptcy. What percentage of the company's debt is secured? What a reorganisation may do for the company depends on how the debt is split between secured and unsecured. Unless they are inescapable and recently finalised, liens are typically impossible to avoid in bankruptcy. Therefore, bankruptcy may restrict the changes that can be made to the business debt or operation if a lender or vendor to [...]

2023-03-31T08:16:03+00:00

Fresh Approaches To Student Loans

Call: 888-297-6203 Credit card debt is now second only to student loans in terms of total consumer debt. More and more of our population is burdened with often-staggering debt as a result of the continually increasing expense of education and the decreasing availability of public education choices. The types of repayment plans you may pick from and options to get your loans back on track if they are federally guaranteed have also proliferated. The public service loan forgiveness programme and income-based repayment programmes are the two most intriguing choices. Plan for repayment depending on income Most loans tie [...]

2023-07-03T07:41:50+00:00

The Definition Of “Discharged”

Call: 888-297-6203 Getting a debt discharge is the aim of a bankruptcy procedure. A discharged debt is no longer recoverable from the debtor personally. Individual accountability Even if such assets weren't pledged as security and the obligation was unsecured, a creditor with a judgement might utilise legal procedures like levy and garnishment to have access to your non-exempt assets and earnings when you are personally liable for a debt. A discharged debt is no longer personally liable to the debtor following bankruptcy. Enduring prohibition A court order against certain activities involving debts that existed before the bankruptcy was [...]

2023-01-17T13:36:08+00:00

Maintaining A Vehicle While Filing For Bankruptcy

Call: 888-297-6203 Despite bankruptcy, you can still drive. Even if you declare bankruptcy, your wheels will still turn. Whether you owe money on the car, whether its worth exceeds the debt, and whether you have any vehicle-related exemptions will determine what you must do in order to keep the car. Will the trustee drive the vehicle? The bankruptcy trustee won't seize the car if there is no equity in it after deducting any car loans and exemptions from the car's present sale value. A debtor can often purchase any unprotected equity from the Chapter 7 trustee if it exists [...]

2023-03-31T08:19:37+00:00

Bankruptcy And Taxes

Call: 888-297-6203 The taxman is exiled by bankruptcy. Bankruptcy might offer protection from the taxman. In Chapter 13, taxes and penalties that cannot be discharged can be paid in whole without incurring interest. Chapter 13 bankruptcy offers a repayment schedule that shields the debtor from collection efforts during the case and dismisses nearly all outstanding debts at the conclusion. The debtor draughts that payment schedule; based on the debtor's earnings and assets, creditors may only receive a small portion of their debt as repayment. Any chapter of bankruptcy includes an inherent injunction known as the automatic stay. A [...]

2023-01-19T05:22:05+00:00

The Power Of The Automatic Stay

Call: 888-297-6203 Any chapter of bankruptcy includes an inherent injunction known as the automatic stay. A court order prohibiting the continuation of any action by any creditor against the debtor or the debtor's property is issued as soon as a bankruptcy case is filed. As soon as creditors and bill collectors become aware of a bankruptcy filing, they must stop all collection efforts. Even if the creditor hasn't received official notice or a copy of the filing, the stay is still enforceable. Saying "I haven't received notification from the court" is not a valid defence. Even co-debtors who [...]

2023-06-27T04:49:00+00:00
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