Important Things You Need To Know Before Filing For Bankruptcy

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

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

Bankruptcy

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

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

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 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.

View all posts

Leave a Reply

Your email address will not be published. Required fields are marked *

Related

Stock Market Investing

The Benefits Of Stock Market Investing: Potential For High Returns And Long-Term Growth

Investing in the stock market in Singapore can be daunting, especially for those who need to become more familiar with financial markets. However, if done correctly and carefully, investing in stocks can have significant benefits that outweigh any associated risks. One of the most attractive features of stock market investing is its potential for high returns. Although there is always a risk that the value of an investment can decrease, if done correctly, stock market investing can yield returns much higher than those offered by fixed-rate investments such as bonds or certificates of deposit. Furthermore, these high returns often come with lower levels of volatility than other types of investments, meaning investors are less likely to experience sudden and dramatic losses. In addition to its potential for high returns, stock market investing offers long-term growth opportunities. As companies mature and expand their operations, their stocks become more valuable, allowing investors to generate steady income streams through dividends and capital gains when they sell their shares at a higher price than they initially purchased them for. Another advantage of investing in the stock market is its liquidity. Unlike other types of investments, stocks can typically be bought or sold quickly and relatively easily, providing investors with great flexibility in managing their portfolios, which means that investors can take advantage of short-term opportunities or exit positions when necessary, without worrying about being unable to liquidate an investment. Another benefit of stock market investing is that it allows investors to diversify their portfolios. By spreading their investments across different sectors, industries, and companies, investors can protect themselves from losses due to fluctuations in one particular area or sector of the marketplace. Additionally, this diversification helps spread risk so that potential losses are not concentrated in one area. In addition, investing in the stock market can be a great way to grow wealth over time. Investors need to have patience and not become discouraged by short-term losses likely to occur occasionally; wise investments will pay off over the long run. What Are The Potential Risks Of Stock Trading, And How To Mitigate Them? Investing in the stock market can be enriching, but it also comes with risks that must be managed. While potential rewards can be significant and long-term growth is possible, investors should understand the risks to make informed decisions. Market Volatility One of the primary risks associated with stock trading is market volatility. Stock prices can fluctuate dramatically due to economic conditions or other external factors, meaning there’s always a chance for losses if investments are not monitored carefully. Additionally, stock prices may become overly inflated due to speculation, causing them to drop drastically when the bubble bursts. This type of risk is especially prevalent during times of economic uncertainty. Liquidity Risk Another risk investors face is liquidity risk, which occurs when an investment cannot be readily liquidated or sold off at its current market value; this could lead to losses if stocks must be sold off at a lower price than their original purchase value. Investors should always research markets carefully before committing their money and avoid investing in stocks with low liquidity. Currency Risk Currency risk is another factor that should be considered when investing in stocks traded on foreign exchanges. The exchange rate between currencies constantly fluctuates, which may cause unexpected losses if one currency appreciates while another depreciates unexpectedly; this risk can be mitigated by diversifying investments across different currencies and countries. Political And Legal Risks In addition, political and legal risks can also affect stock trading performance; changes in government policy or regulations could hurt certain stocks or industries, and this should always be considered when making investment decisions. The Steps Investors Can Take To Mitigate These Risks Fortunately, there are steps that investors can take to mitigate these risks and increase their chances of successful stock trading. Diversification is critical; spreading investments across various sectors, companies, and regions reduces exposure to any single company or asset class going through a downturn while allowing one sector or area to outperform others when necessary. Additionally, investors must stay up-to-date on the news related to the markets they’re invested in; this will allow them to make better-informed decisions about when it’s time to enter or exit positions and diversify away from any particular industry or asset class if necessary. Finally, leveraging expert advice from professionals familiar with financial markets like Saxo Capital Markets Singapore also helps reduce risk by giving investors more information about potential opportunities and warning signs of impending downturns so they can take proactive steps before any losses occur. The Final Word With careful planning and research, the stock market can be a great way to grow wealth. By considering the numerous benefits of stock market investing, such as the potential for high returns and long-term growth, investors can take advantage of opportunities to maximize their returns while minimizing risk. With this in mind, investors should look into more information about stock market investing before taking the plunge. While risk is always involved, careful research and planning can help minimize those risks and provide an opportunity for successful investing. Read Also: Investing In Machinery For A More Productive Business What You Must Know About ELSS Before You Invest

READ MOREDetails
Gold And Silver Bullion

Investing In Gold And Silver Bullion

Gold and silver bullion investments are an appealing way for investors to diversify their portfolios, while still carrying some risks. Bullion prices often fluctuate and potential risks should be carefully evaluated. Bullion is an investment-grade precious metal purchased and traded primarily for its intrinsic value, taking various forms such as bars, ingots, and coins. How to Purchase When purchasing bullion, your first step should be finding a trusted precious metals dealer. Your chosen dealer should be licensed to sell what you're after while having a great track record for customer service and offering competitive pricing. You can visit this site for more information about licensing. Once you've identified several dealers, compare prices to ensure that you find the best possible deals before taking into account additional expenses like shipping and insurance costs for an accurate picture of how much your purchase will cost in total. Bullion can take many different forms, so you need to decide the appropriate form for your investment goals. Coins and bars are popular options because they have low premiums over spot prices and can easily be stored. Bars also provide an effective way of investing in large quantities at once. No matter which form you opt for, your bullion should always remain in mint condition as investors will pay more for pieces without scratches or extensive tarnishing. Your metals may be vulnerable to natural hazards like fire and flood as well as theft if stored at home, so if this is your choice then make sure it is stored in an approved, fireproof safe. Bank safety deposit boxes offer another form of home storage; however, these depositories are only accessible during banking hours and may not offer protection from disaster or theft. Furthermore, their contents could be disclosed under Patriot Act rules. You can click the link: https://www.congress.gov/ for more information. One alternative to keeping your bullion safe at home is using a reliable bullion vault storage service where storage services are secured with non-bank depository banking and cost less than private safes. How to Store Bullion bars and coins provide a safe way of investing your wealth but must be stored carefully so as not to suffer damage or tarnish. Bullion dealers will often offer premium pricing on well-preserved bullion as it becomes more desirable among their buyers. Home storage of bullion is often the safest, most private way to safeguard gold, silver, and other precious metals - although this requires investing in a safe or vault and additional security measures such as cameras or alarms. Bank storage of bullion may also be an option, though this has privacy-related disadvantages. Safety deposit boxes at banks aren't insured against seizure by government agencies or creditors, plus staff must report what's inside your safe deposit box, potentially opening you up to identity theft risks. You could add riders onto your homeowner's policy that cover bullion but this also comes at a privacy cost. Utilizing professional bullion storage services is another alternative option. Many storage providers offer allocated storage, meaning your metal will remain physically separate from other customers' metals and does not appear on their balance sheet. When you request its return, you will receive exactly the same metal you deposited initially. Handle your bars or coins carefully when dealing with them - never mix pristine and tarnished metals together as this could damage their value and reduce their worth. Always clean your hands prior to touching either a coin or bar and use hand sanitizers if necessary; lay out a soft towel or cloth beneath them just in case you drop them, and refrain from speaking over or breathing over them as this could harm their integrity. Self-storage facilities may be ideal for those who prefer hands-off storage solutions, as they typically charge lower monthly fees than bank vaults while still being secure and closely monitored. How to Use Precious metals are popular investments because they're considered "hard assets." Unlike stocks, bonds, cryptocurrency tokens, or non-fungible tokens (NFTs), bullion is tangible and can be held directly. Not only does its value tend to hold steady over the long haul but it can even increase! Bullion can serve as a valuable hedge against inflation and other financial market risks and is usually stamped with its weight and percentage of precious metal content or purity to enable investors to accurately determine its current market value. Gold and silver bullion is traded globally on major markets. Investors can purchase physical precious metals directly through online dealers or exchange-traded funds (ETFs) that track the spot prices of gold and silver. Bullion can be difficult to pin down since its definition can vary depending on who's using the term and their understanding of it. Bullion refers to items valued for their precious metal content rather than any form of government backing or backing from external entities. Coins, rounds, and bars that meet the high purity standards needed for investment purposes may qualify. But the term can also refer to more common U.S. coins like pre-1965 90% silver eagles which often sell at relatively low premiums over their spot price. Collectors and investors seeking to distinguish among different forms of bullion can find it invaluable to distinguish among their options. The more refined and pure the piece of metal is, the higher its premium will be over its spot price; therefore investors tend to seek high-purity bullion from reliable dealers. How to Invest Bullion investments can be an intelligent strategy for individuals looking to diversify their portfolios. But before buying any precious metals, it is crucially important that you understand their valuations and your responsibilities before proceeding with purchases. Bullion, or a pure form of precious metals like gold and silver, is often sold through precious metal dealers both online and at physical shops, where you can have them delivered or stored for you at a fee. Investors frequently use bullion as a hedge against inflationary events that create economic uncertainty that drive prices higher for precious metals like bullion. Traditional investors typically purchase physical gold and silver coins and bars stamped with their weight and purity. You can visit InvestingInGold.com to learn more about the process of buying physical precious metals for your investment portfolio. It is essential to research any company you are considering working with in order to ensure they are reputable. Investing in gold and silver may seem intimidating to some investors; however, these individuals can still reap its benefits by purchasing ETFs that track its price movements; these funds can then be easily traded as opposed to physical ownership of bullion. Importantly, unlike stocks, bullion does not generate dividends and capital appreciation; however, some individuals may find its volatility attractive as it protects savings against larger losses during recessions and other economic difficulties. Many new precious metal investors may feel intimidated by specialized terminology like bullion. Before making any definitive decisions regarding bullion investments, it is vitally important to research spot prices, compare dealers, and research different products available before deciding how much bullion to purchase. You want enough bullion invested to see significant returns when prices increase but not so much that its value drops significantly when prices decrease. This is why many experts recommend investing ten percent of your retirement savings in alternative investments, such as precious metals. Read Also: What Will A Financial Retirement Plan Including Gold Look Like Investors Agree: Gold And Silver Is The Way To Go 5 Fun Facts About The American Eagle Gold Coin

READ MOREDetails
Credit Card Terms

Credit Card Terms Everyone Should Know

Whether you are a new credit card holder or have been using it for a while, you must have come across some credit card jargon that is hard to decipher. For instance, if you decide to apply for a credit card online, you might need to understand the annual fee, interest rate, and other charges applicable to that card. Even though all credit cards work in the same way, they differ a lot in terms of the benefits and rewards they offer. So, to make it easier for you to understand the basic credit card terminology and choose the best one, here is a quick guide for you. Annual Fee Card companies may charge annual fees on credit cards. This might range from a few hundred to a few thousand depending on the benefits you can avail yourself of on the card. However, certain providers may waive the fee for the first year, while others, may offer credit cards that are free for a lifetime. So, depending upon the kind of benefits you seek, you may choose a lifetime free credit card or a card that has an annual fee but may waive it off on spending a certain amount. Credit Limit This is the overall spending limit or credit line provided by the card issuer. There are several criteria such as your credit score, income, repayment history, as well as the length of your relationship with the bank that determines your credit card limit. Banks may sometimes offer you higher limits if you already have high limits on your existing cards along with a strong repayment history. Additionally, when checking your credit card limit, there are further three terms that you must be aware of Total Credit Limit and Available Credit Limit. Total Credit Limit: This is the credit limit granted by the bank when the card is issued. The total limit can also be increased when you request for the same or if you accept a limit increase offered by the provider. Available Credit Limit: This is the credit limit that is available on one's credit card at any one moment. In other terms, the available credit limit is the difference between the entire credit limit and the card's current outstanding balance. Cash Limit: Card issuers also offer a certain portion of your total credit limit as cash limit. This defines the amount of cash you can withdraw using your credit card. However, cash withdrawal from credit cards should be the last resort as cash withdrawal is not eligible for the interest-free period and even a small amount can escalate to a huge debt. Billing Cycle The billing cycle refers to the period between the closing of the previous statement and the new statement date. Your credit card provider compiles your statement at the end of your billing cycle, and you have until the due date to make the payment. Due Date This is the specified monthly date by which all outstanding payments must be made. To avoid late payment penalties and high-interest charges on unpaid dues, you must make the payment on or before the due date. Total Amount Due And Minimum Amount Due At the end of each billing cycle, a new statement is generated and it shows the dues that you owe on your card. Total amount due, as the name suggests, is the total sum that you owe to the issuer, and on making full payment, no charges will be applicable. However, if you cannot afford to pay the total due, card providers give you the option to pay the minimum amount due to keep your card active and avoid late payment charges. It is usually 5% of the total due and also includes any active EMIs, additional fees, charges, etc. An important thing to note is that on making only the minimum payment, the rest of the outstanding balance starts attracting finance charges and new transactions become ineligible for the interest-free period as well. This is why you should always pay the total due and not just the minimum amount. Finance Charges And APR Interest rates on credit card balances are known as finance charges and APR is the annual percentage of interest. It is the rate of interest on all transactions from the date of the transaction until the cardholder's balance is paid back in full. Note that interest on credit cards is compounded on a daily basis. Being acquainted with these terms will ensure judicious use of the card and help you stay out of debt. Additionals: Ultimate Guide On Green Card Renewal How to Dispute an Error on Your Credit Report Revolving Debt Vs Installment Debt – Which Impacts your Credit Score

READ MOREDetails