Bankruptcy is a legal process where an individual or a company is unable to repay its outstanding debts and seeks protection from its creditors. It involves the transfer of assets to a trustee and the distribution of those assets among creditors according to a specific priority. The goal of bankruptcy is to provide a fair resolution for both the debtor and creditors, and to give the debtor a fresh start. There are several types of bankruptcy, including Chapter 7, Chapter 11, and Chapter 13.
Tell me more?
Sure! Bankruptcy is a complex and nuanced area of law that is governed by federal law in the United States. When an individual or company files for bankruptcy, they must disclose all of their assets and debts to the court. A trustee is appointed to oversee the case and to ensure that the assets are sold or distributed to creditors in a fair and equitable manner. The priority of payment to creditors is established by law and is typically based on the type of debt and the security provided for the debt.
In a Chapter 7 bankruptcy, the individual or company is seeking a discharge of their debts, which means that they are released from their obligations to repay the debts. In this type of bankruptcy, the trustee will sell any non-exempt assets and use the proceeds to pay the creditors. A good bankruptcy attorney will be able to guide you and determine whether you qualify for a Chapter 7 Bankruptcy without losing any of your assets.
In a Chapter 11 bankruptcy, a company is seeking to reorganize its finances and operations and to emerge as a viable business. The company may continue to operate while it is in bankruptcy and will be required to develop a plan to repay its creditors over time.
Chapter 13 bankruptcy is available only to individuals and provides a way for the debtor to repay their debts over a three to five-year period. The individual must have a regular income and their debts must fall within certain limits in order to qualify for this type of bankruptcy.
It’s important to note that not all debts can be discharged in bankruptcy, and the process can have a significant impact on an individual or company’s credit and ability to obtain financing in the future. It’s recommended to seek the advice of a bankruptcy attorney to fully understand the implications of filing for bankruptcy.
Copyright © 2023. The Law Offices of Roger J. Yehl. All Rights Reserved.