Wednesday, October 10, 2018

A Look At The Most Common Types Of Bankruptcy Santa Cruz

By Debra Reynolds


If you are interested in filing for bankruptcy, nothing will be as important as educating yourself about the available options. The majorities of people who qualify for debt relief choose between two distinct Chapters which are Chapter 7 and 13. Even so, there are various other options that are ideal for municipalities, farmers and businesses. If you want to file for bankruptcy Santa Cruz is an ideal place to begin research for a top rated attorney.

There are more than a few forms of bankruptcy. Chapter 7 remains the most common one and it is also called liquidation. With this, an entity or an individual can find debt relief by surrendering assets. The money generated from the liquidation process can then be used to do away with most debts in a manner that is legal. Your legal representative will first need to ensure that you are qualified for protection under Chapter 7.

Municipalities such as cities, counties, towns and district schools can also find themselves drowning in debt. In case this happens, they can choose to seek protection under Chapter 9. With this, they need to plan on how they can get their debts repaid without having to let go of certain assets.

Chapter 11 is also referred to as reorganization. It is typically used by businesses that need protection from creditors. With this, your company will need to create a plan that stipulates how certain debts will be settled. Again, you will get to retain your assets and also the control of your business. Because of the complexities that revolve around this Chapter and also its expensive nature, it is only ideal for businesses and wealthy individuals.

You could also decide to file under Chapter 12, though you would need to be a farmer or a fisherman who enjoys regular income. If you are in money problems and you are unable to handle your debt issues in a graceful manner, a successful petition would allow you to get your debts reorganized and settled in less than three years.

Yet another common form of bankruptcy is Chapter 13. It allows individuals or entities to get their debts restructured. Normally, creditors are not considered equal and while some of them will be fully paid together with the accumulated interest, others will only get paid or partially paid. Your attorney can look into the kinds of debts you have and inform you about the possible ruling that will be made by the courts.

The need to consult with an attorney before filing a petition should not be underestimated. A competent expert can help you understand the bankruptcy option that is most ideal for your specific situation. This will be done after your current financial situation is looked into thoroughly. Filing under the wrong Chapter may not offer you the solutions you are after.

Your attorney of choice will also help you file the necessary paperwork and provide reliable court representation. Because of the unforgiving nature of the bankruptcy courts, you want to hire an attorney to ensure that you do not make mistakes that are bound to have a nasty outcome. The right attorney can make all the good difference in your case and better your chances of being declared bankrupt.




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