Important Things You Need To Know Before Filing For Bankruptcy

Published on: 13 February 2021 Last Updated on: 26 December 2024

The aftermath of the COVID-19 Pandemic saw a string of businesses file for bankruptcy. The United States saw many B2B businesses including, FTK Worldwide (Jewellers), Contact Transport (Logistics and Supply), and others opt for the bankruptcy route.

Legal experts are of the opinion that no two bankruptcy cases are the same. They differ in terms of their exposure, risks, legalities, and the court judgment. Even if two companies file for bankruptcy under Chapter 7, their judgments and orders can be different.

In this article, we speak to a leading bankruptcy Birmingham law firm that specializes in these issues. we ask them about some important things businesses and their owners need to keep in mind before filing for bankruptcy.

List of Important Things you need to know before Filing for Bankruptcy

1. Chapters 7 and Chapter 13 are Important for Individuals and Businesses

Legal experts suggest that solopreneur ventures and sole proprietorships that are individual-centric should go for filing bankruptcy under Chapter 7. This puts a stay to debt and credit obligations and allows individuals to even retain control over their property.

Businesses that are well-established should opt for Chapter 11. This helps in keeping the business entity alive and allows for a payment restructuring plan that works to ensure complete repayment over a period of three to five years.

2. Hiring Legal Help is of High Importance

It is important to understand that individuals or businesses looking to file for bankruptcy should always avail of expert legal help. If you are trying to use Google to do all the paperwork, you might get into serious trouble in the near future.

Bankruptcy laws are incredibly complex and technical. In particular, Chapter 7 allows liquidation of debt to take care of financial obligations and absolve the individual from repayment. All collection attempts must stop. Subsequently, a bankruptcy trustee collects non-exempt valuable assets and sells them to pay off debt. The law discharges eligible debts, such as credit card loans, medical bills, and old utility bills. So, you need an experienced bankruptcy attorney to help you fend off the debtors, and work with the courts and the banking institutions. At the end of the day, you do not want criminal proceedings to be initiated by any of the parties.

You can hire an expert in your area, such as a Florida Chapter 7 bankruptcy lawyer. A bankruptcy lawyer’s job is to help you overcome debt, so they’ll guide you through the process by offering advice or assisting you in filing for bankruptcy protection.

3. Bankruptcy does not mean All Debts go away

If you were under the impression that bankruptcy is going to help you walk away scot-free think again. Legally, the following are some areas where bankruptcy will not be able to help you-

Alimony Payments
Student Loans
Taxes on Luxury Items
Taxes
Child Support Payments

All the above-mentioned areas and payments are not something that the court can give you relief from. If you miss your payments or taxes, new legal cases can be brought up against you in a court of law. The punishment and legal repercussions for the same will be different.

For this reason, it’s a must to talk to an experienced attorney and a personal financial advisor who can help you determine other options for addressing these problems. Social workers and community leaders can also help. The government and private sectors offer programs for citizens needing financial and social support services. They’ll help you get through difficult times, so don’t hesitate to consult them.

4. Your Credit Score will get Affected Post-Bankruptcy

According to leading legal experts, ten years is the period where your credit score will carry the blemish of your bankruptcy declaration. If you are looking to get loans or credit during the period, the same might get very difficult. You need to be prepared to address the credit score.

Some lending companies may offer you a personal loan. But the interest rates are high. You can take the risk to recover gradually from poor credit standing. However, you’ll have to make sure that you pay your loan on time.

Fortunately, there are some professional services that have come up in recent years that can help you improve your credit score within a short period of time. If you want to get back in the game, you can always avail of such services.

5. Bankruptcy can help you give Yourself a Fresh Start in Life and Business-

It can be stated that most businesses that suffered because of the pandemic did so for no fault of their own. In such instances, legal experts suggest that bankruptcy can be a sound tactical and strategic decision that can be taken by businesses and individuals.

Banks, lending institutions, and even the judges that will be hearing the case are already aware of the drastic and negative economic fallouts of the pandemic. In fact, there have been cases, where the banks have discussed with lenders and worked out a positive restructuring plan to help individuals and businesses affected by the pandemic.

The Bottom Line

Filing for bankruptcy can probably the single hardest decision you would have to take in your entire life. However, rather than make the decision an emotional one, it is best to exercise reason and proper judgment and take help from an experienced legal attorney to find your way.

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Navigating Financial Crunch: Seeking Quick Solutions Responsibly

Facing sudden financial challenges often prompts individuals to seek immediate solutions. In such circumstances, title loans emerge as a potential option, offering quick access to funds by using a vehicle as collateral. This article explores the landscape of title loans, shedding light on their considerations and presenting alternative strategies for those navigating a financial crunch. Causes Of Financial Crunch In Life There might be multiple causes why a financial crisis in life. Usually, a crunch occurs at the time of overvaluing assets or institutions. But you can curb a lot of these financial problems by thinking like an investor and doing some side hustle. And while these are not uncommon, an efficient solution for such crises is yet to be discovered. Just like any other source of stress in our lives, economic problems can affect both our physical and mental well-being. Having less or no money can bring your self-esteem down, along with affecting your sleep and social interactions. Sometimes, an individual ends up feeling overwhelmed, angry, and even tense. How Does Economic Stress Impact Health? We all are well aware of the fact that money is not the only thing to worry about. However, money is certainly an important factor in leading a prosperous and happy life. Below are a few common ways in which financial crunch impacts our health: Insomnia: A person might go through insomnia and other sleeping difficulties. It ends up tossing and turning them at night and increasing worries about unpaid bills. Weight loss or gain: Some people tend to give up on food, while others might end up emotionally overeating. Economic stress can disturb your appetite and ultimately result in anxiety and more eating. Relationship complexities: Money often becomes a central topic of argument between couples. When it is left unattended, an economic crunch can make a person irritable and angry. As a result, the relationship suffers! 5 Ways To Cope-Up With Financial Stress Economic stress is not easy to deal with, especially when you have too much on your plate already. But with a set of tips, you can certainly bring down the stress level. Here are some smart tips for coping with the economic crunch: Exploring Title Loans: A Quick Fix In Reach Title loans, also known as auto or car title loans, enable individuals to use their vehicles as collateral for a speedy loan. The process is straightforward: borrowers provide their vehicle title in exchange for a loan based on the appraised value. Although borrowers maintain possession of the vehicle during the loan period, the risk of losing ownership looms if repayment falters. In the pursuit of quick financial solutions, individuals often turn to search engines, entering phrases like "title loans near me" to locate nearby lenders. This search provides a list of accessible lenders, streamlining the process of securing a title loan. Considering The Implications: Assessing Risks And Exploring Alternatives While title loans offer rapid access to funds, borrowers must carefully weigh associated risks. High interest rates and fees can lead to a cycle of debt, making repayment challenging. The potential loss of a crucial asset, such as a car, adds an extra layer of risk. Individuals considering title loans should thoroughly understand the terms, assess their ability to repay, and explore alternative solutions. One alternative worth exploring is seeking assistance from local credit unions or community banks, which may offer more favorable terms and lower interest rates than traditional title loan lenders. Additionally, negotiating with existing creditors for temporary relief or exploring short-term financial assistance programs can provide breathing room without putting valuable assets on the line. Searching For Responsible Solutions: Financial Counseling And Budgeting For those grappling with a financial crunch, seeking guidance from financial counselors can be instrumental. These professionals provide personalized advice, helping individuals navigate their unique financial situations. Budgeting is another proactive step to regain control over finances. Creating a detailed budget, identifying areas for cost-cutting, and prioritizing essential expenses can pave the way for a more sustainable financial future. Responsible financial decisions involve a comprehensive understanding of the terms and conditions associated with any loan, including title loans. While a title loan might offer a swift solution, exploring alternative options and adopting sound financial practices are critical steps toward achieving stability without compromising one's financial well-being. Keep Track Of Your Bills It would be an enormous waste if you spend your money on finance charges or late fees. But most families tend to do this. At the time of a job loss crisis, a good understanding is a must. One of the best solutions for saving significantly at the end of the month is saving a lot of money. Dedicate a time period to review your accounts, whether monthly or twice a month. You can also schedule your mail checks and even electronic payments so that you never miss out on a payment deadline. In case none of this works, try consulting a financial advisor who can help you out with all these things. Double Up Your Liquid Savings From savings to checking, cash accounts are the ones that help you most during a fiscal crunch. The best idea is to convert these resources first, as their value has fewer chances to fluctuate. Unlike properties or stocks, cash savings are most likely to double up if you plan everything well. It is possible for you to take out your money without having to bear a financial loss. In contradiction to retirement accounts, there are fewer chances of experiencing early penalties on your taxes. So, ensure to maximize your liquid savings as far as possible. Conclusion In pursuing quick financial solutions, individuals must approach the option of title loans with caution and awareness. Conducting thorough research, understanding the implications, and exploring alternatives are crucial before committing to such financial arrangements. Navigating a financial crunch requires a strategic and thoughtful approach. This marks the end of this comprehensive guide. If you think this article was competent enough to provide you with necessary insights on financial gains, then comment below and share your thoughts. Also, don’t forget to save these tips for the next time. And that’s all! Thank you for reading. Read Also: Glenn Sandler (CPA) of G.I. Tax Service: What to Do If You Can’t Pay Your Taxes Delays In Tax Return Processing: Common Reasons And How To Resolve Them 5 Examples Of Passive Income You Need To Learn Now

Should You Consider Equity Release To Pay For Live-in Care?

Although it seems like equity release plans have been around forever, this sector of finance has only been regulated since 2004. However, this has not dented their popularity among over 55s wishing to free up a sum of money rather than leaving it tied up in their property. Many have used the money to fund home DIY projects, help a child onto the housing ladder, or simply for a blowout holiday or new car. Increasingly though many are seeing equity release as a good way to pay for care in their own home in old age. Equity is the value of your home minus any loans or mortgages secured against it which haven’t been fully paid off. If you’re wondering whether this would be right for you read our advice on the advantages and pitfalls of equity release and how the equity in your home could pay for a comfortable old age. What is Equity Release and How Does it Work? This is a method for releasing some of the untapped wealth tied up in your home. Being able to unlock the value of your home and turn this into cash is a way to remain in a much-loved family home. There are two main types of equity release – a lifetime mortgage or a home reversion plan, which is the sale of part or all of the property. A lifetime mortgage is a loan against the value of your home which is not repaid until either the homeowner dies or goes into long-term care, or the property is sold. If you decide to go down this route you must choose carefully between the two types of lifetime mortgage which are: The interest roll-up mortgage, which is the most popular option. With this, you receive either a lump sum or regular amounts, and interest is added to the loan at a fixed or capped rate. An interest-paying mortgage is similar to a standard mortgage in that you pay monthly or ad-hoc payments, and some plans allow you to pay off the capital, to reduce the sum owed at the end. The home reversion plan is only available to those aged at least 65. With this, you can sell all or a percentage of your home to a provider at below the market value and you become a rent-free tenant in your home. You can even sell percentages of the home at off-set intervals. Another, less well known and potentially more risky option is the sale and rent back scheme where you sell your home, at a discount and become a rent-paying tenant in your home. Points to Consider Home care services are increasingly seen as preferable to standard nursing home care for many reasons, not least among them being able to carry on living in your own home being looked after by a trusted live-in carer who becomes your friend. Lifetime mortgages are considered the most popular option for equity release because it allows you to retain full ownership of your property and some come with an option of paying back some of the loans over time in order to reduce the build-up of interest and retain as much of the value of your property to benefit your estate when you die. You can only apply for equity release once you are over 55 and the amount you receive is dependent upon the value of your home (minimum value £70,000) as well as your age. Your property must be in the UK. Benefits of Equity Release For today’s older homeowners who have seen the value of their homes rise significantly over recent years and with the added benefit of current low-interest rates, equity release gives you an amount of cash to spend now or to put towards a live-in care plan. Risks and Pitfalls of Equity Release The biggest problem with equity release is that you do not receive the full market value for your home, indeed the amount you can access would be much less than you would get by selling your home on the open market in the traditional way. Another disadvantage is that any inheritance your beneficiaries expect to receive would be reduced. The upfront costs and fees involved in setting up an equity release plan could be as much as £3000. If you opt for a lifetime mortgage there is a real risk that when the time comes for your home to be sold the amount owed may be more than you borrowed because of the compound interest charged on the mortgage, unless you can pay off some of the debt as you go along. So, if you want to leave a decent inheritance for your family you need to act with caution. Be aware that if you have a substantial amount of cash in the bank this could affect any means-tested benefits you may be entitled to. The upper threshold is currently £16,000 so above this you are ineligible for means-tested benefits. Your tax situation could be impacted. If you choose to pay off the whole of the lifetime mortgage early you could incur penalties. Risks of Home Reversion Scheme You may only receive between 30-60% of the market value of your home and there may be a clause in your contract which forbids you from moving home. Distressingly, once you die the property usually has to be vacated within one month which causes unnecessary upset to the family at a distressing time. Protections from the Equity Release Council You should look for an equity release provider who is a member of the Equity Release Council to ensure that any lifetime mortgage you take out will never exceed the total value of your property. You are also assured that: You can remain in your home until the end of the mortgage term You are provided with an independent solicitor who explains everything clearly to you Interest rates must be fixed or capped and the product must have a ‘no negative equity guarantee'. Always get the best independent adviser who is regulated by the FCA and discuss things with your family before signing on the dotted line. Read Also: What To Leave Behind Once You Have Sold Your Home The Guide to Understanding Your Home Value

A Discussion On Dropshipping And Crypto

Online shopping has been quite popular for some years now. However, 2020 was the year when e-commerce bloomed to its full potential While it may seem unexpected, e-commerce growth has been a result of the pandemic. Successful drop shippers, Can Mandir examines these situations and discusses the future of dropshipping as well as crypto. Below are the key takeaways from the discussion. The state of dropshipping in 2020: The growth of e-commerce was matched by the growth of dropshipping. Consequently, drop shippers were on the better side of things throughout the pandemic. Dropshipping was supported by consumer behavior as well as market changes. Therefore, many dropshipping ventures enjoyed periods of success. The growth of dropshipping is parallel to the increase in the demand for online sellers. People are adopting new habits of shopping online from which dropshippers are benefitting. Moreover, home deliveries have put dropshippers to the ultimate advantage. Can Mandir stand as the proof of what a drop shipper can attain by utilizing market information and consumer needs? How to be a successful drop shipper: Can Mandir has successfully established his dropshipping venture. Thus, he knows exactly what one needs to start their own dropshipping venture. In his interview, he lists some of these requirements. ● The primary requirements described by Can Mandir are smart devices such as phones, laptops, and computers. These devices are a must if you're going to start a dropshipping venture. ● Secondly, you'll need a good internet connection. Since dropshipping is a part of e-commerce and you're dealing with consumers over the web, you need to have a stable internet connection. ● Aside from these monetary requirements, one must have willpower, dedication, and discipline. If you have a passion for selling online, you'll definitely be one step ahead of other newcomers. ● You should also be ready to devote time to the venture, or it won't succeed. What to avoid while entering the dropshipping domain: If you're not ready to enter the online selling market, you should take your time. Many people are afraid to begin their journey as a dropshipper which is why Can Mandir considers people's mindset to be the biggest problem. It isn't easy selling online, and it has never been so. Therefore, one shouldn't begin their journey if they aren't sure. Aside from that, Can Mandir also adds that the mindset of the consumer also serves as a barrier. "There are still many people with an old mindset, who often leave their homes to go to the city center to buy things,” he quotes. The present and future of crypto: The presence of crypto seems to be pointing towards the future of crypto. As of today's date, crypto is still not a part of the regular currency dealings. However, it has gained a lot of attention and turned many heads towards itself. The active interest in crypto points towards its future. Mandir states that he is positive about the future of crypto. Moreover, he believes that future dropshippers will be dealing in cryptocurrency. There are a lot of things that led to his opinion of crypto. One of them being the interest Elon Musk has shown towards crypto. The other being his foresight for future market trends and changes. The state of e-commerce in the post-pandemic world: When asked about the future expectations from e-commerce, Mandir quotes, "The e-commerce market will continue to generate the growth of revenue.” So, e-commerce agents can rest easy as the future of e-commerce seems as promising as it's present. Can Mandir believe that consumers will continue to support e-commerce as it provides consumers with better benefits? It's difficult to change consumer habits which is why e-commerce will keep growing for now. Read Also: How To Become A Successful Cryptocurrency Trader In 5 Easy Steps Approaches for Increasing E-commerce Sales Through Inventory Reports

Important Things You Need To Know Before Filing For Bankruptcy

List of Important Things you need to know before Filing for Bankruptcy

1. Chapters 7 and Chapter 13 are Important for Individuals and Businesses

2. Hiring Legal Help is of High Importance

3. Bankruptcy does not mean All Debts go away

4. Your Credit Score will get Affected Post-Bankruptcy

5. Bankruptcy can help you give Yourself a Fresh Start in Life and Business-

The Bottom Line

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What Investors Should Know about Investment in Gold and Silver Assets

Content Rally

Content Rally wrapped around an online publication where you can publish your own intellectuals. It is a publishing platform designed to make great stories by content creators. This is your era, your place to be online. So come forward share your views, thoughts and ideas via Content Rally.

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Related

Navigating Financial Crunch: Seeking Quick Solutions Responsibly

Should You Consider Equity Release To Pay For Live-in Care?

A Discussion On Dropshipping And Crypto

Important Things You Need To Know Before Filing For Bankruptcy

List of Important Things you need to know before Filing for Bankruptcy

1. Chapters 7 and Chapter 13 are Important for Individuals and Businesses

2. Hiring Legal Help is of High Importance

3. Bankruptcy does not mean All Debts go away

4. Your Credit Score will get Affected Post-Bankruptcy

5. Bankruptcy can help you give Yourself a Fresh Start in Life and Business-

The Bottom Line

Share this Article

Want your Startup Revenue to Skyrocket? Here is what You Should Do

What Investors Should Know about Investment in Gold and Silver Assets

Content Rally wrapped around an online publication where you can publish your own intellectuals. It is a publishing platform designed to make great stories by content creators. This is your era, your place to be online. So come forward share your views, thoughts and ideas via Content Rally.

Leave a Reply

Popular

Follow Us

Recent

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