Are you a small business owner in financial distress? Individuals burdened by debt have the option of wiping the slate clean and starting fresh. It’s a process that’s entirely legal, and it’s available to almost anyone who needs it. I’m talking, of course, about bankruptcy.
Bankruptcy helps people avoid the kind of permanent discouragement that can prevent them from ever reestablishing themselves as hard-working members of society.
If you’re in financial distress, you may think bankruptcy is The Answer. However, bankruptcy cannot cure every financial problem. There are certain things bankruptcy can do, and many things it cannot.
For example, it’s usually not possible to get rid of certain rights of secured creditors. Although a debtor can force secured creditors to take payments over time in the bankruptcy process, a debtor generally cannot keep the collateral unless the debtor continues to pay the debt.
You won’t be able discharge debts that are incurred after bankruptcy has been filed.
Also, don’t assume that bankruptcy will allow you to discharge debts singled out by the federal bankruptcy statutes for special treatment, such as child support, alimony, some student loans, criminal fines, certain court-ordered payments, and some taxes.
Consider cosigners, too. Bankruptcy may not protect all cosigners on their debts. If a relative or friend co-signed a loan which the debtor discharged in bankruptcy, the cosigner may still be obligated to prepay the loan.
However, bankruptcy may make it possible for the financially distressed individual to discharge liability for most or all of their debts. Once the debt is discharged, the debtor has no further legal obligation to pay the debt. Bankruptcy can also stop the repossession of a car or other property, or force the creditor to return property even after it has been repossessed. You may be able to stop foreclosure actions on your home and allow you to catch up on missed payments.
Additionally, bankruptcy may reduce your monthly payments on debts, and stop wage garnishment and other debt collection harassment.
Utilities terminated? Bankruptcy may help you restore them.
Bankruptcy also gives debtors an opportunity to challenge the claims of certain creditors who have committed fraud or who are otherwise seeking to collect more than they are legally entitled to.
What I’ve provided here is just a brief overview of what bankruptcy can and cannot do. Before considering this course of action, I strongly suggest that you seek the advice and assistance of an attorney specializing in bankruptcy law.
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Regards,
Salim