What to Know about Bankruptcy

Bankruptcy is the name given to a process where a person legally declares himself or his business unable to pay outstanding debts. Depending upon the type of bankruptcy filed, one meets with a judge in order to determine a payment schedule, or for having a legal bankruptcy discharge most if not all debts.

Bankruptcy may also be declare by the businesses , which either means that the business will close, or that the business will continue to operate but with reduced payments to debtors. Each country has its own bankruptcy designations, but here I will explain you the most common types of bankruptcy in the US.

3 Forms of Bankruptcy

There are three forms of bankruptcy for the individual or the married or domestic partner couple, these are called “Chapters.” The most common form filed by spouses or individuals is Chapter 7 bankruptcy. Chapter 12 bankruptcy is restricted to those people who are family farmers or fisherman. Chapter 13 bankruptcy may also be filed by the individuals or married couples, but this is rare.

Bankruptcy for Business

The two common forms of bankruptcy that are utilized for businesses, are Chapter 7 and Chapter 11 bankruptcy. Less common is that an individual or business might file under Chapter 15 bankruptcy. This bankruptcy involves the clearing of international debts. If a bankruptcy must be declared by an agency of the state, such as a city then they file Chapter 9 which is also called municipal bankruptcy.

Chapter 7 bankruptcy

Either individuals or businesses that want a total clean slate tends to use chapter 7 bankruptcy. A business that files Chapter 7 bankruptcy as a result of that has to close their business. Chapter 7 bankruptcy for the individual, means that the courts declare that the person is unable to pay debts incurred, and almost all debts are then void.

When filing Chapter 7 bankruptcy all assets must be declared. Other assets like second houses, collectibles, and additional vehicles are liquidated in order to pay debts. Most who file Chapter 7 bankruptcy do because they have very little left what they can lose. Once a judge approves the bankruptcy filing, then virtually all debts, like those that are owed to credit card companies and doctors or hospitals are cleared and that person is given a clean slate.

Chapter 13 bankruptcy

Those individuals file chapter 13 bankruptcy who do own a great deal of property or assets, but find that their income cannot cover the exorbitant payments on debts that are own by them.

In this form, the debt is restructured, and in some cases they are reduced so that people retain their assets but they have reasonable payments which can be made by them to debtors. Generally the court-ordered payments must be made on time and regularly so that the seizure of assets might be avoided.

Chapter 11 bankruptcy

Businesses file a similar form of bankruptcy that is referred to as chapter 11 bankruptcy. Some or part of the business’ debt may be cleared, and the payment plans are restructured. The purpose of chapter 11 bankruptcy is to reorganize the debt so that the business can continue to operate.

All forms of Denver bankruptcy are a costly means of gaining debt relief. There is a reduction in the credit score of both individuals and businesses after a bankruptcy. Individual bankruptcy remains on one’s credit report for almost 10 years, due to which it could be difficult and costly for that person to get approved for new cars, homes, or credit cards.