The Bankruptcy process involves a legal proceeding that allows individuals or businesses an option for relief from their debts. In some cases, the bankruptcy process does provide some opportunity for payments to creditors. Bankruptcy is handled in federal courts, and rules are outlined in the U.S. Bankruptcy Code.
The decision to file Bankruptcy can be a tough one- that is why it is so crucial to seek professional guidance regarding your specific situation to see if your financial situation can be improved by a bankruptcy filing.
If you are overwhelmed by debt, bankruptcy may be an option. You can file for bankruptcy under different chapters depending on your circumstances and your eligibility. It may even be possible to resolve your tax balances owing to the IRS and for State tax returns in a bankruptcy matter. There are 2 types of Bankruptcy Chapters to manage consumer (personal debts) and non- consumer (business and tax) debts- Chapter 7 & Chapter 13, Mr. Hogan as a CPA (Certified Public Accountant) and Attorney understands these matters in depth using his over 40 years of experience to gain favorable outcomes for his clients.
CHAPTER 7 BANKRUPTCY
Chapter 7 Bankruptcy is the most preferred bankruptcy chapter for individuals who are overwhelmed with debt. This provides the debtor with a fresh start by wiping out the majority of the debts. Once the debts are discharged, the debtor is no longer liable for them.
Chapter 7 bankruptcy is a liquidation proceeding that requires detailed paperwork and processing. Once the debtor receives a discharge, the debts cannot be enforced or collected against the debtor. It is a big misconception that in a Chapter 7 bankruptcy that the debtor will lose all of their assets- the bankruptcy process actually allows debtors to keep a significant amount of equity in their assets (depending on the state in which they reside).
CHAPTER 13 BANKRUPTCY
Chapter 13 Bankruptcy is the route to take for those individuals who have significant income but cannot afford to repay all of their debts. This form of bankruptcy is often referred to as reorganization. Unlike a Chapter 7 bankruptcy which is essentially a liquidation process, Chapter 13 is the reorganization of the debts which the debtor pays a dividend payment (based on their disposable net income) over a period of time (either 3 or 5 years).
Insurmountable debt is something that many Americans suffer from. In some cases, it may be in your best interests to work through a debt settlement process with your creditors and avoid bankruptcy. Our office has worked successfully with our clients and their creditors to reach mutually beneficial settlements that resolve the liability for the client.