Category: Bankruptcy

Is Bankruptcy a Smart Decision? Is it of Any Help to Those Filing For Bankruptcy?

Published / by Sarah Burton

At times it has been noticed in Green Bay, WI, and other parts of the country, that many people file for bankruptcy. Is it a wise decision? Does this work in favor of those filing for bankruptcy?
To understand these questions, one needs to dig a little deeper into the bankruptcy laws and how filing for a bankruptcy helps them.
Background
Going by some data available from reliable resources, it can be fairly concluded that those filing for bankruptcy do better financially. Taking these prudent financial decisions bails them out from really tough situations as bankruptcy is theonly solution available to them. Bankruptcy2
Bankruptcy should be considered as a financial decision and not a moral decision.When a debt situation is hopeless, filing for bankruptcy in Green Bay, WI is the best legal option to take http://mydebtadvisors.com/green-bay-office-location.
Bankruptcy is common
In the Green Bay, WI and in other parts of United States of America, filing for bankruptcy is observed to be a fairly common practice. The number of people taking the bankruptcy route is more prevalent than ever before, as it gives these people a better restart, financially. It is not only big corporations who file for it, but many individuals are also observed to file for bankruptcy.
Though bankruptcy laws are sometimes difficult to understand for a layman, they can work well to one’s advantage. When in doubt, always consult a good attorney specializing in Bankruptcy law in Green Bay, WI.
Bankruptcy – Often a fresh re-start
When your current financial situation is in doldrums and you are not able to make the requisite payments; you are still responsible for clearing your bad debts. The straightforward option, according to attorneys in Green Bay, WI, is to file for bankruptcy.
Under title 11 of the United States Bankruptcy Code, the right to file for bankruptcy arises. This provides protection to the persons/corporations filing for bankruptcy, from creditors. It also allows them to eliminate the bad debts or consolidate the debts that they owe.
Normally, Bankruptcies are filed in Green Bay, WI and other parts of the United States, under Chapter 7, 13, 12 and 11.
Often, filing for bankruptcy gives many individuals a fresh re-start. Of, course, this decision has to be taken after a thorough consultation with the best attorneys for bankruptcy in Green Bay, WI.
Filing bankruptcy helps individuals in the following ways:
• Eliminate the legal obligation to pay off the bad debts.
• Stop debt collection harassment.
• Gives an opportunity to catch up on missed payments and stop foreclosure on the house.
• Prevents the termination of utility services.
• Stops creditors from collecting debts.
• It also helps in preventing repossession of acar or any other property.
• If a property has been repossessed, it forces the creditor to return the property.
• It helps in challenging creditors who try to collect more than what individuals owe to these creditors. Bankruptcy3
But there are other instances where bankruptcy is not a solution. A point that has to be understood here is that bankruptcy cannot be a solution for all financial problems.
More on Chapter 7 and Chapter 13
Chapter 7
Bankruptcy filed under this chapter discharges the debtor of the debt quickly. Individuals and corporations can file under this chapter. Further, there is no monthly long-term payment plan.
Generally, Chapter 7 bankruptcy is a great way to start afresh, when individuals are unable to pay their bills. Except in the case of student loans and taxes, Chapter 7 bankruptcy, provides a total liquidation of thedebt.
Most chapter 7 bankruptcies are “no-assets” bankruptcies.
Chapter 13
This is kind of a reorganization of debt. Only individuals can file for bankruptcy under Chapter 13. Corporations and limited liability companies cannot file under Chapter 13, for bankruptcy.
The Chapter 13 bankruptcy is the choice left when an individual wants to keep the property despite being behind on the mortgage payments. According to the law, Chapter 13 filing lets a person retain their property and pay back their dues over a fixed amount of time – usually between three and five years. Hence the Chapter 13 bankruptcy takes up to 3 to 5 years of time.
Though longer when compared to the Chapter 7 Bankruptcy, the Chapter 13 bankruptcy could be a great option for debtors under the following conditions:
• If a debtor is a homeowner who stands to lose their personal property because of money payment issues.
• Payments are late, but can be made if an extension of time is given
• Debtors have a high value property which is not excused.
Conclusion
To understand more on the bankruptcy laws, it is certainly a good idea to consult a qualified attorney from Green Bay, WI, who can help explain and advise the right course of action.