You are running away from creditors, not able to get the bank to give you a loan, credit card companies have frozen your card, bills are piling up, and you haven’t paid utility bills for the past three months because you have lost your job. Sound familiar? Well let us tell you about a law that can probably be of use to you in such cases.
Under the provisions of the Federal Law, any individual or an organization can claim bankruptcy, thereby they get relief from having to pay and clear their outstanding liabilities. But it is not easy to declare yourself bankrupt without following the correct process as prescribed by the law.
Until recently the laws were very simple and allowed you to declare bankruptcy when you did not have an income or a job but had significant debt outstanding, which could not be serviced. The government then could right off all outstanding from you and give your relief from debt. After a couple years you could once again start your own business or take up a job and resume normal life.
Obviously people started misusing the provisions of the law and hence Government had to finally make amendments in the rules and ensure that only those who genuinely needed bankruptcy support were provided with the relief. So now the rule works differently.
Inspection and detailed assessment of the personal assets and liabilities is carried out by an independent team when an individual files for bankruptcy. Based on their recommendation the category and type of bankruptcy application is entertained.
Before the papers are filed and the further paperwork started, it is important to determine the relevant chapter under which your application for bankruptcy can be filed. While common cases fall between chapters 7 to 13, the businesses normally come under chapter 11. Once your papers are admitted under a particular chapter the rest of the system begins to operate and roll on.
You will need the expert guidance of lawyers who specialize in bankruptcy to be able to interpret the various provisions and subtle differences between the various chapters with regard to your case. Which ever chapter, one should not expect that he will get a hundred percent waiver of all his debts and outstanding. This usually does not happen.
End of the process you would be asked to pay up a part of the debt outstanding and draw up a extended payment schedule to be able to make payments in future. With a bankruptcy record you are not a safe investment for banks and credit card companies. Hence they will not be willing to give you unsecured loans and your credit worthiness will be zero.
Therefore bankruptcy is not an easy thing to do and not for everyone. There is social stigma attached to it too. Unless you really do not have any other option left, it is advisable not to consider filing for bankruptcy, rather talk to the banks and restructure your loan out standings.