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.

Read Also:

Debunking 7 Notorious Bankruptcy Myths
What are the types of debt that can be discharged in bankruptcy?

Content Rally

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5 Best Practices For Ensuring Accurate And Reliable Financial Reports

In the realm of business, reliance on accurate and reliable financial reports is more critical than ever. They provide a backbone to corporate strategy and investor confidence, serving as a navigational tool that would assist businesses in steering stormy markets in today’s economic landscape. This significance is even more prominent given the fact that the global financial system keeps negotiating a phase of heightened vulnerabilities. This is underscored both by the turbulence in March 2023 and the protracted challenges posed by elevated interest rates and an indeterminate growth outlook, as revealed by the Financial Stability Board's Annual Report for the year 2023. In this context, financial reporting mirrors a corporation's fiscal health and its ability to adapt while thriving amid the changes in global economics. To sail in these turbulent waters, businesses have to follow best practices in financial reporting. In this post, we’ll discuss five practices that can guide you in the stormy seas of global finance, ensuring the accuracy and reliability of financial reports. Use of Specialized Accounting Software The first approach to attaining precision in financial reporting is to embrace the use of technology, particularly specialized accounting software. In today's market, there’s software that’s able to fit the peculiar needs of various businesses. For instance, if you just launched your business, this software comes as an invaluable tool for accounting for startups. It provides customization tailored to their financial processes, scalability to grow with the business, and automation capabilities to reduce human error and improve efficiency. The software has to have comprehensive functionalities that allow real-time financial tracking and startup data. As well as other business systems integration with only a minimal amount of effort and wide reporting abilities. By automating these routine tasks, startups will be able to focus their efforts as much as possible on strategic financial planning and analysis so that the resultant reports are not only accurate but also provide invaluable insights for business performance improvement. COSO Internal Control Framework Implementation However, accurate financial reporting is not just about being armed with the right tools – strong internal controls are also equally necessary. This is exactly where the role of the framework provided by the Committee of Sponsoring Organizations of the Treadway Commission’s (COSO) Internal Control Framework becomes relevant. The COSO internal control framework is a worldwide accepted framework that provides a structured approach to managing business risks and enhancing the reliability of financial reports. The implementation of the COSO framework involves evaluation and enhancements in the internal control systems within the organization. It underscores features such as the control environment, risk assessment, control activities, information, and communication, as well as monitoring activities. Incorporation of this framework into financial reporting processes helps organizations to identify and even address financial risks effectively so that the final financial data is accurate and reliable. Regular Financial Audit and Review Regular financial audits and reviews are a different pillar to ensure the integrity of financial reports. The process is paramount in the identification of discrepancies as well as areas for improvement in the process of financial reporting. For financial audits to be effective, they have to be comprehensive, have to be conducted by independent and qualified auditors, and should cover all the areas of financial reporting, from the recording of transactions to the preparation of the final report. For continuous monitoring, there are also necessary informal checks, known as reviews. The essence here is to make use of whatever the audits and reviews reveal in a constructive light by using them as opportunities for fine-tuning and improving financial reporting practices. This incessant process builds on findings that not only achieve compliance with accounting standards but also develop stakeholders' confidence in the financial health of the company. Staff Financials Training and Development The accuracy of financial reports heavily relies on the capabilities of those who prepare them. Therefore, the training of your financial staff is an investment that every business should put its resources into. From this viewpoint, companies are to maintain a continuous learning environment in which the members of the staff are updated with current accounting standards and technologies and know how to work and report best. Such things could be taken care of through training programs, workshop sessions, and professional development courses. Furthermore, a culture that encourages knowledge sharing and teamwork among the finance staff will produce more innovative and efficient reporting practices. An informed and well-trained member of staff will come up with accurate and comprehensive reports more often, following the regulatory requirements. Embracing Transparency and Ethical Practices The final practice, not least important, is the maintenance of ethical standards and transparency in financial reporting. Ethical practices refer to any behavior considered honest and having substantiated integrity. They go beyond simple compliance with the laws and regulations, involving a commitment to honesty, integrity, and responsibility in all financial disclosures. Companies have the duty of creating and implementing a sturdy ethical framework to regulate all processes and decision-making that pertain to finances. When that frame is in order, it needs to be explicitly communicated to all employees throughout the organization and led from the top. Transparency in financial reporting not only builds trust among investors, stakeholders, and the public but also reinforces the company's reputation and credibility in the market. In the long run, ethical and transparent practices eventually pay off by nurturing a good corporate culture and resulting in sustained business growth. Final Thoughts In summary, precise and dependable financial reporting is essential for effective business management and maintaining investor trust. Implementing key practices such as using advanced accounting software, adopting the COSO internal control framework, conducting consistent audits and reviews, providing thorough training, and enforcing ethical standards are crucial for enhancing the quality and reliability of an organization's financial reports. While this is an ongoing process, it yields significant improvements in business integrity, operational efficiency, and sustained performance. Read Also: Tips for Breaking Into Finance and Banking Sox Compliance As A New Business: Where Are The Pitfalls How Many Jobs Are Available In Commercial Banks?

5 Fun Facts About The American Eagle Gold Coin

As the official bullion coin of the U.S., the gold American eagle coin is sought-after by investors and numismatics. These consumers are intrigued by the coin's all-American precious metals, the reputation of the coin, and the intricate, detailed design. The interest in collectors for this coin is also due to being one of the top-selling billions in the country. Serious investors also want to know that they are putting their money into an investment they can count on. Security of investment is a given with American gold eagle coins, as they are the only coins officially backed by the U.S. government. The guarantee eradicates concerns over the coin's validity in value, which tells investors they are truly getting what they pay for. With guaranteed quality control, investors and numismatics never need to worry about their investment's content, purity, weight, or quality of metal. With these facts secured, the investment is set to be used as legal tender or secured as an asset. While the legitimacy of the coin is the most crucial fact about the American Eagle gold coin, here are five additional fun facts to note. 1. The American eagle gold coin is more scratch-resistant than gold buffalos. The polished surfaces and keen attention to detail are showcased on American eagle gold bullions; their beauty adds to the investor and numismatic interest. Since the American Eagle gold bullion contain 10% copper and silver alloys, it is notably more scratch-resistant than its counterparts, 24-karat Gold Buffalos. Additionally, the U.S. Mint tailors coin production to meet the aesthetic appeal of collectors. 2. There are more opportunities for creative collection display. Collectors interested in placing their coins into a portfolio may wish to display their collectors' coins in a unique and creative way. For instance, some collectors may arrange coins based on historical significance, others by type or style. With the American eagle gold coin, you can also organize your portfolio by coin similarity. For example, the Gold Eagle is similar in design to the Double eagle gold coin. On both coins, Lady Liberty and an American eagle are displayed. Additionally, both indicate the currency value and mintage dates. 3. The gold is sourced by the U.S. All Gold Eagle coins are produced with gold sourced only from the U.S. The coins may not include metal from unknown or foreign sources during the minting process. As a legal requirement, these specifications are not to be altered for any reason. For collectors looking to invoke patriotism and American pride into their collection, the American Eagle gold coin is a wise investment choice. American-derived gold is of significant historical influence as well for collectors or investors interested in obtaining a piece of American history. 4. The coin value will always remain what it is. No matter if the price of gold decreases, the American Eagle gold coin retains the value that is minted onto them. Each coin has a face value from five to fifty dollars of legal currency. Regardless of changes in currency, the coin value is maintained, making Gold Eagles a wise investment for those looking to add tangible assets to their portfolios. Likewise, collectors looking to compile assets to pass on can achieve peace of mind knowing that the American Eagle gold coin will not depreciate in value, no matter how much time goes by or how American currency changes over time. 5. These coins offer the historical significance of legal tender. Some collectors and investors want to purchase coins that offer historical significance. Interest or appreciation for rich American history can be acknowledged by purchasing a Gold Eagle coin. The first Gold Eagle was introduced in 1986 in response to the Gold Bullion Coin Act Of 1985. The act recognized the value of gold coins with legal currency and precious metals. The American eagle gold coin is the established, official U.S. gold bullion. Invest in coins with permanent value and lasting significance. The American eagle gold coin offers numismatics and investors the opportunity to establish a balanced investment portfolio or collectors' portfolio. As a protected coin, devaluing currencies are not influential, allowing collectors to preserve their coins and maintain their value for future investment opportunities and generations to come. Read Also: Can I Convert My 401k To A Gold IRA? Starting Your Rare Coin Collections: A Beginners Guide to the 1794 Flowing Hair Half Dime Bitcoin’s 10th Birthday: Does Satoshi Nakamoto’s White Paper Still Hold Relevance?

Debt Management: Why It Pays To Seek Help From The Experts?

Debt usually begins with a single loan that you think will be quite manageable, then another purchase adds to the monthly outgoings, and very often an unexpected expense arrives, which you naturally charge to your credit card. It only takes a little bit of bad luck to find yourself in a position where you are struggling to make ends meet, and if expected income increases do not materialise, you can quickly find yourself heavily in debt, with seemingly no way out.Debt management providers are highly skilled and can offer you the very best advice. Hoping It Will Go Away For many people in debt, the natural reaction is to ignore it, and after a while, you get used to throwing away the final demands and not answering the phone when you think it is a creditor. Yet this approach is not only putting off the obvious, you are incurring more interest by refusing to deal with an escalating situation, which you will have to deal with eventually. Seeking Professional Help Being in debt can be extremely stressful, and rather than doing nothing, you are much better off approaching Debt Fix, an experienced debt management company. They can really help you to become debt-free. They have special debt consolidation programs and other solutions that can help you to pay off your outstanding debts, and their experienced staff have helped thousands of Australians to become debt-free. Bad Debt Management Can Affect Your Credit Score If at any time in the future you wish to take out a mortgage or another type of loan, having a bad credit score will certainly not help, and even if you have a less than perfect credit score now, the debt specialists can still manage to find a lender who will take you on. What Is A Debt Consolidation Loan? If a person has 3 or 4 monthly repayments that are due at different times of the month, it can be a real struggle to make the payments, and for many people, taking out a debt consolidation loan is the best solution. This would involve borrowing enough money to clear all outstanding debts, leaving you with a single, affordable monthly repayment. You can say goodbye to the red-letter final demands and the persistent phone calls from concerned creditors, as your slate will be wiped clean, and it is advisable to terminate all credit avenues that could lead you back to the same state. Working With Professionals Those who work for debt management providers are highly skilled and can offer you the very best advice, and rather than keeping it to yourself in the hope that somehow your debts will magically vanish, discussing all of your options with a debt management specialist is a far better solution. The sooner you begin to address the problem, the quicker you will be debt-free and can start looking at investment options. Debt consolidation is not a solution for every case, and it is only by discussing your circumstances with a trained debt management person that you can discover the best way to deal with the issue. Read Also : Eight Essential Tips For Getting Out Of Debt Debt Consolidation Plans For Your Debt Relief Are Debt Consolidation Loans Recommended For Credit Card Consolidation Revolving Debt Vs Installment Debt – Which Impacts Your Credit Score The Most?

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

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

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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5 Best Practices For Ensuring Accurate And Reliable Financial Reports

5 Fun Facts About The American Eagle Gold Coin

Debt Management: Why It Pays To Seek Help From The Experts?

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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