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How to Fight Bankruptcy
Bankruptcy is a dreaded financial situation. Let us start by understanding what bankruptcy really is and how you can fight it. Bankruptcy is termed as a legal procedure that is aimed to provide protection to individuals and businesses, which have not been able to meet their financial obligations and pay their debts and dues because of lack of funds.
To declare that you are a bankrupt you have to file a bankruptcy suit. Specialized bankruptcy lawyers are the legal professionals that help you file and fight and bankruptcy cases. The federal bankruptcy law has various chapters with various provisions related to bankruptcy. The more prominent of them are the chapter 7 and chapter 13. The chapter 7 of Bankruptcy Law generally wipes out all eligible debts within four months. On the other hand, chapter 13 is for businesses and individuals who agree to pay their debt off within a stipulated period of three to five years. There are two accounts on which a bankruptcy suit under chapter 13 can be filed:
- If the debtor has received a discharge under chapter 7, 11 and 12 more than four years back.
- If the debtor received a discharge under chapter-13, more than 2 years back.
Fighting Bankruptcy
A new bankruptcy law has been introduced on October17, 2005 and is known as the Bankruptcy Abuse Prevention and Consumer Protection Act Of 2005. If you are filing for bankruptcy, it is important that you first talk it out with a bankruptcy lawyer. They can guide you according to all the laws pertaining to the subject. Some people contend why they need a lawyer. The answer is simple. Because bankruptcy is mentally unnerving process for anyone from the smallest firm to the multi million dollar conglomerates. What actually becomes tough to handle is the allocation of funds, auditing, creditor claims, asset claims etc. These are trying times and can take a heavy toll on organizations. In such a situation, a bankruptcy lawyer will take care of the complete process and get your assets in order. He/she will do the complete research as far as allocation of funds and creditor claims are concerned.
If you file a bankruptcy under chapter 7 (straight bankruptcy) or a chapter 13 (debt adjustment) then no lawsuits can be filed against your or your company. Therefore, when you are picking a lawyer to lead either of the chapters, you have to bear the following in mind:
- Be very choosy about your lawyer. Go only for a bankruptcy lawyer that specialize in such cases.
- Pick someone with experience
- If you don’t understand any part of the procedure, ask questions
- The lawyer has to be a certified specialist
- Get a detail of similar bankruptcy cases they have fought before.
In the end, be very honest with your lawyer. Give him/her the clear picture of your financial status. It will be easier for you and the lawyer to file a bankruptcy suit and get you some respite from your financial situation.
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