Filing for bankruptcy should not be the only option for you to consider. There are other considerations that could save you from the financial mess that you are in. One of the major consequences that result from bankruptcy is the tainting of ones image. Furthermore, your records remain in the insolvency offices for up to ten years. It also becomes very difficult to get credit facilities or even to secure employment.

With the many disadvantages that come with insolvency, it is only wise that you be informed on how you can avoid getting into the situation. To begin with, you can start attending financial management classes to be trained on how to handle your money. Ask for professional advice before your financial world crumbles on you.

Debt consolidation is also considered another way of avoiding insolvency. This means that you could talk to your creditors, through a debt management firm, and have your debts cut off by a certain percentage. All your debts are then brought on the table after the reduction and they are treated as one. Installments are then determined and all you do at the end of the month is write a check to the debt management firm.

They then calculate the percentage to send to each creditor. This insolvency prevention method allows you continue with your business without interruption from your creditors. Doing this prevents having your name on the bankruptcy records. It also trains you to work on a budget and actually stick to it. Furthermore, no one will ever have to know about your financial crisis.

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We begin with the creation of the automatic stay. The stay is automatically created at the time of bankruptcy filing.

The automatic stay is actually a unique feature. If a creditor attempts to collect from the debtor in any way after the bankruptcy was filed and the automatic stay was enacted, the court can undo creditor’s actions. For example, if a car was repossessed without bringing a motion to lift stay, that car, can be requested to be returned to the debtor. So let’s say you filed your case, your case has been filed, and all of the sudden one of the creditors that has security on your car, purchased money security interest, comes in and repossesses your car. Well that means you can go and ask the court to make the creditor return the car back to you, because what the creditor did was actually illegal, and the creditor can actually be punished for that. So, the automatic stay has some benefits and one of the actual benefits is that it allows you to stay in a house you are surrendering for almost a year.

Taxes and Bankruptcy

Now, let’s talk about taxes, taxes owed to the government that were accumulated within three years prior to the bankruptcy won’t be discharged. However, if you file your taxes then you can actually get your taxes discharged that were accrued prior to three years of filing. So, let’s say its 2008 right now. Taxes that you were supposed to pay in 2004, 2003, 2002, 2001…. as long as you filed them, can actually be discharged.

Not paying your taxes can have a significant consequence. For example, the interest rate can amplify the amount you owe significantly. In a couple of years you can go to actually doubling your debt. Now, once bankruptcy is filed the interest on the debt stops.

Personal Guarantees on Businesses

There are different kinds of bankruptcies there is the business and personal bankruptcy. A lot of people have small little businesses that went downhill and are actually bringing owners along for the bankruptcy. Of course if you have an S corporation it’s a different kind of entity and it’s not totally connected to the owner. Let’s say a debtor has an S corporation, a body shop or a restaurant, whatever it is, in order to actually discharge the business debt, some of the liens that are from that S corporation, some of the credit cards that are on that S corporation, you actually have to file bankruptcy for the S corporation itself. However, most S corporations and other businesses have loans that are also secured by the debtors themselves, by the owners of the S corporations and not only by the S corporation itself. These loans cause the owners of the S corporation and the S corporation to have to file bankruptcy together.

Most of the time lenders won’t give you a loan just for the S corporation knowing that you can easily just file bankruptcy under the S corporations without being liable for the rest of the loan. Therefore most of the loans are secured by personal guarantees and by the corporations themselves. In this scenario both the owner of the S corporation and the S corporation has to file bankruptcy and that’s the only way you’re going to get discharged from that debt completely.

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chicagobankruptcylawyerhelp.com Do You Qualify for Bankrutpcy? This past year was a tough time economically for most people, which 12 months does not appear to be different. Lots of people have expenses mounting up and no means to spend. Unemployment rates as well as house foreclosures are at an all-time high. Businesses are shutting, and people are in desperate economical shape. However, how does one determine if it is time to file bankruptcy or not? How do you know when enough is sufficient? There are various factors determining in the event that bankruptcy would work for a individual or not. Here is an outline of what aspects required to qualify. Chapter Seven Needs If you’re someone who was recently out of work and it has not one other means of earnings, then you can qualify for Chapter 7 Bankruptcy. The actual way it is determined is using a Means Check. It is a tool administered by the courts to see exactly how your earnings compares to additional families of same size and placement. For instance, if your earnings are lower than the typical median earnings in your town and no other way to pay your bills as well as lenders then your courts might approve you below Chapter Seven guidelines. Once accepted, the legal courts may allocate a trusted appointee who compiles a list of all your non-exempt property. These types of non-exempt assets are sold to pay off creditors. Your debt is ignored through the courts. As a result, many people are much more relieved after the …

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