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:
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.
The traders invest money in making good profits in business. People hope for good returns to become rich in the Forex market.
But maximizing the probability of profits cannot be done within a short time. The investors apply different types of techniques for increasing the chance of making money.
By developing sound knowledge about the field, a person will be able to get good returns from the market. There are several types of techniques for maximizing profits. These are being discussed here.
Check the Broker
The traders must select the right broker to continue the transaction process. A trading platform is very important for the buying-selling process, and the broker provides this platform.
So, when a person chooses a platform, he or she needs to make sure that the trading platform works better and suits him or her properly.
The broker charges a fee for their services. The business should choose a broker who prefers a fixed spread. This will help the investor to reduce the costs. You should focus on the facilities provided by the broker.
Follow the Plan Properly
When an investor can control the risk, they will get good rewards. For this, people must execute the roadmap properly so they can stay on the right track to accomplish the goal.
A person must generate a proper plan and should be back testing this so that they can identify the plan's workability.
Considering the different phases of the Forex market, traders need to develop a plan and change some necessary things to adjust to the situation.
People should develop a sense of discipline that will help them apply the strategies accurately. However, those who are involved in bond trading must choose a high-end broker like Saxo. Usually, bond traders trade with a big sum of money. So, investing a big sum of money with an unregulated broker is a very risky approach.
Limit the Currency Pairs
Sometimes, people try to trade the different currency pairs to see which provides more profit.
But trading several types of pairs can force the investors to switch from one price pattern to another price pattern.
Therefore, the businessmen can miss the condemning period of the business field. So, to avoid the losses, a person tries to limit the pairs as one pair influences another pair.
Limit the Leverage
Investors should take leverage based on their account balance. Taking excessive leverage can create a problem for them. This can wipe out their account balance and can destroy the traders’ trading careers.
Many brokers offer moderate leverage, which helps maintain a balance between cost and assets. People take excessive leverage to make more trade and more profits. But the person needs to take the leverage that can control the risk and help to get good rewards.
Maintain the Risk-Reward Ratio
The risk-to-reward ratio refers to the proportion between the stop-loss order and the take-profit order.
To get good results, a person should use these orders accurately. If people cannot spend lots of time in front of the screen, they can secure their current position by setting the stop-loss.
An investor should identify how much loss he or she can tackle in place of making good profits. Some businessmen tend to take high risks; some tend to take low risks.
This depends on the income and the choice of the businessmen. So, you must decide your own preferences.
Every person wants to become rich in the Forex market to improve their daily lifestyle. But people must work hard to secure their deposit and increase the account money to do the trade for a long time.
Stick to your Trading Hours
Spending all day in front of the screen can lead to burnout and bad decision-making. Especially if you are new, and already on edge with insecurity regarding your decisions.
Instead, create your trading schedule based on your strategy and the currency pairs you are trading.
Usually, taking trades during peak market hours when there is more participation generates better opportunities.
And once that’s done, stick to it! Taking random trades at odd hours will mostly lead to impulsive decisions, costing you money.
Control Your Emotions
Even the best strategy won’t help you if emotions interfere. Fear and greed are known to be the biggest pitfalls for traders.
You should structure your trading by automating a part of it to avoid emotions. For example, you can use automatic stop-loss and take-profit orders so that you don't get taken into deciding under pressure in a volatile market.
Before you begin a trading session, assess your state of mind.
Are you feeling stressed or preoccupied?
Such emotions may impair your judgment. Regular intervals and mindfulness exercises will help you keep your trading instincts intact.
Final Note
Trading is a journey that can last you for a lifetime. Plus, act as a passive source of income when you are monterily in your roaring 20s.
It's not a very popular opinion, but calculated trading can also help you become more responsible with your income. It gives you a fair idea of where you shouldn’t spend your money, and what is the ‘right place’ to invest.
While the idea of ‘buying low and selling high’ might sound exciting, you should also be aware of the reality.
Profitable trading is more difficult than just buying stocks when the price goes down or selling when the price goes up.
A currency trader needs to have a big-picture understanding of the economies of the various countries and their interconnectedness. Especially how their business and inflation rate would affect the company you are currently interested in investing in.
Consistency is the name of the game. Test your strategy under different market conditions and tweak it if necessary. In time, you will be able to yield comfortable growth on your trading account.
Read Also:
Capex Trading Platform Review
How businesses can use stock trading
Forex Trading Wisdom: Talk Yourself Out of Bad Trades
Bankruptcy means a test is done to determine who can file for chapter 7 bankruptcy. The means test considers everything while determining your current position to pay your debt to the creditors. It goes through your income, expenditure, assets, and family members.
The means test was designed to reduce the number of debtors willing to get their debts erased. It has been seen that most of the debtors who have applied for the means test have passed.
Those people who cannot qualify for chapter 7 or want to keep their assets to themselves can apply for chapter 13 bankruptcy.
How Chapter 7 Bankruptcy Works?
Applying for chapter 7 can be an expensive and lengthy process. The means test helps the government clarify who is eligible for chapter 7. The Means Test has two parts. Both parts are designed to see through your income and assets and determine the current financial standing.
You have to apply for the Means Test only for the primary consumer debts like medical debt or credit card debts. You do not have to apply for this test if your debt is related to business loans.
First Part
The part of the Means Test determines whether your house income is below the state's median income. The means test starts gathering information about your income, expenses, and assets. These data are mostly collected from the past six months. However, there have been cases where this six months time duration can be changed.
After all the reports, if it is being found out that your income is below the median income, you will qualify the Means Test. In a report made by the US government in 2013, more than 12% of the debtors were able to qualify the Means test in the first stage.
Second Part
The second part consists of going through all your expenses. These expenses consist of everything you pay for, starting from paying your utility bills, grocery bills to the travel expenses and education expenses. Out of all the expenses, only the allowable expenses are considered to be used by you. Other expenses that are not necessary are used to pay off your debts.
While you document the list of expenses, be thorough about the things you add to the list. Remember, those expenses will decide whether your petition will be accepted or not.
Allowable expenses are based on the local and national standards used by the IRS. The national list covers items like food and clothing, and local items cover housing expenses and car payments. You need to work carefully to ensure that all your expenses are thoroughly documented.
What's Next After You Qualify for the Means Test?
Passing the means test means you have the green light to apply a petition for chapter 7 bankruptcy. Once your petition is accepted, most of the unsecured debts will be forgiven. That does not mean that this will be the best route for you.
There are also chapter 13 bankruptcy that might give more advantage over chapter 7 in many cases. Chapter 13 will help you put a hold on all your debts, mortgages, overdue loans, and bank taxes.
What Will Happen After You Fail The Test?
Once you fail the Means Test, there are no more appeals for a certain period. You can apply for the chapter, or you can wait for the cooldown time to apply again for the means test.
We have already mentioned that the Means Test goes through all your financial income and expenditure in the last six months. That means, after a failed attempt at the Means Test, you can apply again after six months.
However, if you do not intend to apply for the Means Test again in the future, you will be restricted to chapter 13 and will have to pay off your debt based on the chapter 13 provision.
The Bottom Line
Is it really hard to apply for a loan after bankruptcy? Well, you can say more than hard; it is more complex. You first need to qualify the Means Test, and then only you can apply for chapter 7. It is better to have an attorney while you are managing legal documentation.
Read Also:
8 Simple Tips To Pay Off Your Loans Faster
5 Must-Have Long-Term Goals for A Secure Future
What are the types of debt that can be discharged in bankruptcy?
Using Short-Term Loans to Help Rebuild Your Credit Score
As a responsible car owner, you must take the utmost care to ensure that you follow all traffic and safety rules. Wearing a seat belt, obeying the traffic laws, maintaining adequate distance between two vehicles, and driving within the speed limit are some of the safety measures. However, even if you follow all rules, there is always a fear of accidents because of numerous vehicles, reckless drivers, and other third-party issues.
An accident can cause significant damage to your vehicle, which may result in huge financial expenses. Hence, in such contingencies, an insurance policy for cars can provide much-needed financial aid. Moreover, it is mandatory to have car insurance in India. If you drive your car without an active car insurance policy, you will be charged a penalty or even imprisoned in certain cases.
Car insurance covers medical expenses, property damage, and even third parties. Compulsory third-party insurance covers the owner or driver of the vehicle against claims for personal injuries caused to other people in a road accident. Car owners can obtain a CTP green slip quote from a reputable insurance provider nearby or online in areas where this insurance is mandatory.
There are different kinds of insurance products available in the market. One of the most popular insurance policies is a cashless car insurance plan. A cashless policy can save you from spending hard cash while extending the requisite financial coverage.
Below is a detailed guide to cashless car insurance:
What is a cashless car insurance policy?
A cashless policy allows you to get your car repaired without making any cash payment. The expense of repairs is borne by the cashless car insurance policy, unlike a general insurance plan where you are liable to pay for expenses and then file for reimbursement. A cashless car insurance plan will include a network of garages where you can get your car fixed without paying any money. This is also inclusive of online 3rd party car insurance.
What does the cashless car insurance policy cover?
A cashless insurance cover allows you to get your car refurbished without paying any money. The payment is directly settled by the insurer and is included as a part of your insurance contract. However, the policy excludes deductibles and depreciation, which are explained below.
Deductibles: It is the amount that you have to pay while raising a claim. For instance, if you are filing a claim of 20,000 and the deductible is Rs. 2,000. Then, the insurer shall make the payment of Rs. 8,000 subject to other terms and conditions.
There are two types of deductibles, compulsory and voluntary. Both are decided at the time of buying the policy. A compulsory deductible is mandatory, and you are required to pay your component of the final amount at the time of claim. Whereas, a voluntary deductible is what you agree to pay, in addition to the compulsory deductible.
Depreciation: The value of an asset decreases over time due to the use, wear, and tear or obsolesce. Depreciation is the reduction in the value of the car or any of its parts. The insurer deducts the value of depreciation before releasing the payment. Depreciation is calculated according to the life of the asset at the rates listed by the Insurance Regulatory and Development Authority of India (IRDAI).
What is an authorized garage?
An authorized garage forms a part of a network of workshops that have entered into an agreement with the insurance company. Workshops meeting predetermined selection criteria get added to the list of the authorized workshops. They offer cashless repair services for insurance policyholders. The repairs are undertaken by trained mechanics who maintain transparency in the pricing. Moreover, the workshop issues the initial estimate of repair expenses, which is reasonably accurate.
What are the benefits of a cashless policy?
The key advantage of a cashless policy is that the insurance company settles the cost of damages directly with the authorized garage. You need not incur expenses before raising the claim. Hence, there is no financial stress to arrange funds for repair. A good insurance company will have a large network of authorized garages across the country, which further makes the cashless claim process smoother.
How to buy a cashless car insurance policy?
You can purchase a cashless plan by visiting the nearest branch office of your chosen insurance company. The documentation process is simple and quick, but you would need to go to the branch in-person.
Alternatively, you can buy insurance online. Online car insurance India brings in more transparency and convenience in the entire process. Moreover, in the current pandemic situation, the IRDA has abolished the need for submitting the documents or application form in hard copies. The insurer can share the policy document on your registered e-mail ID or mobile number, which shall be treated as a valid physical document.
Overall, given the number of rising accidents today, a comprehensive car insurance policy has become more of a necessity than a choice. If you fear the cumbersome claim process and want an easy way out, buy cashless car insurance online at the convenience of your home. The policy protects your vehicle and also assures your hassle-free settlement at all times.
Read Also:
10 Reasons to Purchase a Used Car
Get Fast Access to Car Title Loan during Bad Times
Why You Need Classic Car Insurance?
Get Cheap Car Insurance For Young Drivers
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.
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-
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.
