Bankruptcy Law

Understanding Bankruptcy: How To File & Qualification

Understanding Bankruptcy

From a generalized idea, an individual is declared bankrupt if the person is unable to pay loans to the creditors. If a company goes bankrupt, it depletes savings and comes in a position where it shows its inability to pay the salary to its creditors and even carry on with its activities of manufacturing.

It varies from individual to nation, but the underlying truth is that you are financially shackled. In case you want to know more, you could contact a Bankruptcy Attorney. They can help you out with laws and regulations. In this article, we are going to discuss different elements of bankruptcy.

What is Bankruptcy?

This, in technical terms, is generally the court proceedings in which a judge or a team of judges scrutinize the assets and liabilities of a business. They see that the debts are so high that the individual or organization can pay them.

In these circumstances, the court decides to start selling the assets of the company to pay the creditors. As per 2020 findings, there are around 544,463 cases filed on bankruptcy in different courts in the USA.

Bankruptcy Qualification

●       Now how do you understand whether you are bankrupt or not?

●       What are the qualifications for one to declare oneself bankrupt?

There are certain qualifications, that is, some scenarios that you, as an individual and as a financial organization, cannot bear any longer. There are five kinds (stages) of Qualifications under the laws and norms of the USA.

Chapter 7.

Chapter 9.

Chapter 11.

Chapter 12.

Chapter 13.

The qualifications for each one of them are different. Let’s discuss the main sections here, Chapter 7 and Chapter 13.

Chapter 7 Bankruptcy

Chapter 7 bankruptcy is considered the best option for lower-income residents. This is also the most popular kind of bankruptcy and comprises over 63% of bankruptcy cases.

The average amount of your monthly income in the last six months has to be lower than the median amount or income of other individuals of the same economic situation. If you fall under it, you are bankrupt.

However, through this examination, it is seen that you have the capability to pay partial payments to unsecured debtors. If you want to know more about this, consult a reputed bankruptcy attorney from a Bankruptcy Law Center to provide better solutions to your queries.

Chapter 13 Bankruptcy

The requirements for qualification for bankruptcy is different for chapter 13 is different from that of Chapter 7. Here:

You must have a sufficient balance to pay the monthly debt outlined in your bankruptcy plan. 

Remember that your debts(unsecured) must be less than $419,275, and your secured debt needs to be lower than $1257850. You also need to provide the paper of income tax returns for the past four years. That’s what the situation is here.

Filing A Bankruptcy Report

There are different requisites to filing for bankruptcy, and you need to comply with certain norms and regulations. There are different laws and regulations on this that you need to understand. Consult a bankruptcy attorney to know more about it.

Other than this, there are bankruptcy costs that you need to bear. If you are not able to bear the costs, there are free services that you can get as a citizen. Three are certain steps that you need to follow:

1. Comparing The Financial Records

There are financial records you have for this year and the year before. This includes the study of debts.

2. Getting Credit Counseling 180 Days Prior To Filing

You need to go through bankruptcy counseling before filing for bankruptcy. For this, you need to have some accredited professionals. This is one step you need to comply with under any circumstances. If you fail to or skip this section, your entire filing will be canceled entirely.

3. Filing The Petition And Meeting The Creditors

The final steps to finding bankruptcy include filing a petition before the honorary court and meeting with the creditors. This way, you are to file the entire process of bankruptcy. While filing a petition, you need to take help from your bankruptcy attorney.

Conclusion

In order to wrap up the discussion, it can be said that bankruptcy filing is a critical affair, and you need to keep in mind the different steps that that goes on to wrap up the entire filing work. There are strong laws and regulations in the USA for bankruptcy. Therefore creditors need not worry about any kind of investment.

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