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Your Options When Filing For Bankruptcy

By Rick Swanson
Perhaps you are at a point in your life where you feel there is no way out of the mess you are in... Creditors are calling you at work, at home and on your cell phone. If you are feeling this way then an option may be filing for bankruptcy. There are two kinds of bankruptcies. One is called a Chapter 13, which reorganizes your debt, cuts interest rates drastically and sets you up on a pay schedule that you can handle. The other type of bankruptcy is a Chapter 7, this filing discharges most, if not all of your debt.

The first thing you need to do is get all of your bills together. Mortgage, car payments, credit cards, medical bills and any loans you may have. Then, search the Internet for a lawyer, or even better ask around since someone you know well may have used a bankruptcy lawyer and may be able to refer you to them. Once you set up an appointment with the lawyer, they will want a list of all of your creditors and how much you owe. Together, you will decide what type of bankruptcy is best for you. There will be fees that you have to pay, but in the case of a Chapter 13, most of the lawyers' fees may be added into this total amount of debt repayment.

It may be possible that you may choose to file a Chapter 13, make your payments for some time and then find out you are unable to continue to do so. The lawyer can then restructure your filing to a Chapter 7 and your debt will be discharged. Keep in mind that either of these types of bankruptcies do go on your credit and will stay on it for approximately 10 years. You will be able to make large purchases such as a home or a car, although, you most likely will have to pay a higher percentage rate than normal.

Finally, if you file a Chapter 13 bankruptcy, you will have to go to court with your lawyer. This is fairly painless, but be advised that your creditors are allowed to come to these proceedings. Your lawyer will take care of all of the paperwork that has to be turned in and he will work with you as long as he needs to even after the filings are completed. If you have a creditor that continues to call and badger you, remember to refer them to your lawyer. Make sure you keep your discharge papers in a place you can always find them.

Rick enjoys writing articles on a wide variety of topics and interests. Come visit his latest website over at portable air conditioning units which helps people find the best everstar portable air conditioners and information they need to make a wise decision about them.

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Do the Benefits of Pre Packs (Phoenixing) Outweigh the Criticisms?


By Derek Cooper
Pre Pack liquidation or Phoenixing has become the subject of much debate over the past 12 months. A pre pack liquidation allows the assets of a failing company to be sold to a new business (often owned by the directors of the old company). The new business then begins to trade in place of the old without the burden of historic debts. The old company is generally closed (or liquidated) leaving unsecured creditors with little or no return.

Much criticism has been aimed at this area of company insolvency particularly by those representing unsecured creditors. They argue that the pre pack process is being used to allow a new business to start up leaving unsecured creditors unpaid and with no hope of recovering what they are owed.

It is also suggested that there is not enough transparency in the process of the sale of assets within a pre pack. During the process, assets are valued and sold without any opportunity for unsecured creditors to intervene. As such, the best price for assets may not be realised and creditors are again left carrying the can. In other words, pre packs are simply being used to avoid paying unsecured creditors.

It is my view that these arguments against the pre pack process are fundamentally flawed. The main reason for this is that it is not the pre pack that causes a company to fail. The only time that pre-pack liquidation is considered is where a company is insolvent. In this situation by definition there is not enough money to go around. As such, the likelihood is that the business will be closed, any assets realised and ultimately many unsecured creditors will receive little or no payment.

It is true to say that the foremost idea behind the pre pack process is to ensure the survival of a viable business thus preserving jobs and future trading opportunities. However, the process was also designed with the increased protection of unsecured creditors in mind. A pre pack focuses on achieving the maximum sale value of a failing company's assets which maximises the potential dividend distribution to creditors.

The real question is of course:
Can the pre-pack process really deliver a better outcome for creditors than might otherwise be the case in a simple liquidation or company administration?

The answer I believe is that pre packs are the best way of extracting value from distressed businesses.

The reason for this is that the old business' assets are generally valued as a going concern and therefore are seen as far more valuable than they would be in a traditional fire sale during a liquidation. For example in a "people business" where assets would evaporate in a formal insolvency, they remain together in a pre pack and can be sold as a valuable whole. The point is that pre packs enhance the value preservation of a failing company by minimising the period of business disruption. In almost every case, if the company was simply liquidated or put into administration, the value of the enterprise is damaged beyond repair, ultimately reducing the amount available for unsecured creditors.

It is important to highlight that insolvency practitioners are bound to extract the highest value for creditors from the pre pack process. Statement of Insolvency Practice 16 (SIP 16) outlines the insolvency practitioner's duty to take steps to ensure that the pre pack sale of company assets can be justified and is the right action in the circumstances. A recent insolvency service report indicates that only 3% of cases the conduct of the IP did not meet this guidance.

It is my belief that far from disadvantaging unsecured creditors, pre packs maximise any value left in a business which is doomed to failure. The process generates maximum value in the old business assets. Equally importantly and perhaps overlooked is the fact that even if the distribution to creditors is little or nothing, the pre pack process generates an ongoing business, preserving employment and a future trading partner. Ultimately, companies are worth more alive than dead.

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Derek Cooper is Managing Director of Cooper Matthews Limited and a member of the Turnaround Management Association UK.

More details about Pre-Pack or Phoenixing at http://coopermatthews.com/phoenixing.html

Cooper Matthews specialise in Business Refinancing and Business Recovery Services Advice providing practical insolvency advice for businesses with financial problems to turn your business around. They have significant experience in working with small to medium sized businesses.

Derek's experience of both corporate insolvency and business management puts him in a position to be able to understand the challenges facing businesses in today's economic climate.

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Business Assets and Commercial Bankruptcy

By Joseph Devine
Small Business Bankruptcy
While large, established companies often find themselves in serious financial constraints during tough economic times, smaller businesses may suffer even more. Large corporations may benefit from government bail-outs and assistance, while smaller companies and shops may have nowhere to turn if they find themselves in trouble.

Small business owners may have to worry about the rent for their commercial spaces, employee payroll, payments to investors and lenders, and other costs of doing business. If their revenue dries up or if the company is making far less than it is spending, the small business owner may consider filing for bankruptcy.

If a business fails to make timely payments to its creditors, they may be forced into involuntary bankruptcy. If a business has a certain number of creditors, its creditors may be able to petition for bankruptcy on the behalf of the company to attempt to gain compensation for debts that are owed. They may pursue this action if the business is seriously delinquent on its payments or if they fear that it will run out of assets before they can be repaid.

When a business enters bankruptcy, the assets may be liquidated to pay creditors. During the proceedings, meetings with creditors may take place to set up payment plans and organize the business in an attempt to regain profitability. In the event of liquidation, it is important for business owners to understand which assets may be used to repay it's lenders.

Assets may include products and other items that the company has already paid for or created for sale. Furniture and other office items may be sold or auctioned off to repay debts as well. Intellectual property, licenses, and partnerships may also be included in the proceedings.

Property leases, office space, and security deposits left with landlords may also be included in the bankruptcy proceedings. Certain items that may be of value can be included in the case to help repay creditors for their assistance starting the business.

If you are a business owner and are facing a dire financial situation, you may want to consider filing for commercial bankruptcy before your creditors force you into it involuntarily. For more information on commercial bankruptcy, visit the website of the Boston bankruptcy lawyer Joshua Spirn & Associates.

Joseph Devine

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Bankruptcy is Not a Bad Word


By Rick Swanson
You are working hard, making a good salary. You have all that you need and more. You have a nice home, two cars, a 4-wheeler, just took a trip and put all the charges on one of your credit cards. Then you and your wife find out she is pregnant, with twins. Maybe you weren't expecting this now, but who really has control of their life? You realize after sitting down with your wife several months later, that you in are in over your heads. The idea of bankruptcy flashes in your mind.

You cannot afford groceries this week, perhaps you can pay the Sears bill next month. The car payment will have to wait until next pay period. Creditors are beginning to call. Your wife has to have an Ultrasound for the second time this month, and this one is not covered for some reason. The subject of bankruptcy comes up one day at work, while you are eating a sack lunch. Your friend tells you that he and his wife had to file for bankruptcy because they were about to lose their home. You notice he doesn't seem ashamed or bothered by the thought.

When you get home, the money talk comes up again, you've heard just about all you can handle. You tell your wife that a friend of yours just filed a bankruptcy and tell her the details. She is afraid of what will become of you. She thinks you'll never be able to buy a house again or a car. She reminds you that this act will loom over your heads forever. In this moment you ask her go with you to see the lawyer your friend told you about. He has been helping people just like you for many years. She reluctantly agrees. The next day you both meet with the lawyer and you find out your fears are unwarranted.

After the discharge of your debt, you will be able to buy a car, if needed. You also find out that you can buy another home. The lawyer shows you proof of a client that did just that a week before. As you and your wife leave the office of the lawyer, you both feel that a giant weight has been lifted from your backs. Almost giddy, you get into the car that you will be able to keep. Your decision today to file for bankruptcy has helped you to be able to keep your home that you worked so hard to get, just a year ago.

Rick enjoys writing articles on a wide variety of topics and interests. Come visit his latest website over at http://www.portableairconditioningunitsonsale.com which helps people find the best portable air conditioning units and information they need to make a wise decision about them.

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Bankruptcy Public Records - Does the World Need to Know That You Are Bankrupt?


By Jeremy Edwards
 Anyone in a dire enough financial situation to be considering bankruptcy will have a number of things to worry about. Yes, bankruptcy might be the only feasible way out of your financial worries. However, there are a number of long term consequences to bear in mind. Of course there is the issue of obtaining credit in the future. You will be unable to get a mortgage in the near future and this could mark a real problem. However, for many the concern is less practical and more a matter of humiliation. Bankruptcy public records means that anyone can find out that you were declared bankrupt. This comes, for some, with a taboo attached and a sense of shame in knowing that bankruptcy public records could be accessed by anyone.

In order to understand the importance of bankruptcy public records, we should first consider what bankruptcy is. Essentially, this is the option to clear much of your debt if you are someone who, even with sacrifices in your budget, will not be able to pay off your debts within the foreseeable future. So, in essence, bankruptcy is a clean slate for finances.

Bankruptcy is a declaration that you had your finances wiped clean and got a second chance. Financial companies and creditors and so on obviously have a need to see such information when it comes to assessing applications for finance etc. But really, there is little shame in it. For whatever reason you found yourself in financial problems, you are now taking advantage of a second chance and building up your credit. There is no shame in that. And bankruptcy public records are full of people from all walks of life, businessmen who were once wealthy right down to those who never have been. Do not consider it taboo. Consider it simply misfortune.

Get the right information on Bankruptcy Public Records before you make that important decision.

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New Bankruptcy Law - Does it Make it More Difficult to Prevent a Foreclosure?


By Jeremy Edwards
In 2005 and following a lengthy process of lobbying by credit card companies, Congress passed a new bankruptcy law, which many have complained is not in the interest of consumers and is overly complicated. But however you feel about the new bankruptcy law, you have to abide by it and it looks, for now, like it is here to stay.

But what does the new bankruptcy law actually mean and aim to achieve? Well, essentially, this particular new bankruptcy law was designed to prevent those who do not need to file from doing so. It makes it tougher for people to declare bankruptcy and ensures that those who do should only have to do it once! It does this by enforcing financial counselling prior to bankruptcy and also financial management classes following. Perhaps the biggest change brought about by the new bankruptcy law was the introduction of a means test, which means a detailed inspection of your income and expenses before you can file.

Some people have argued that this makes bankruptcy all but entirely unavailable. This, however, is not the case. While there is no denying that there are now more obstacles in the way, for most of those who were eligible before 2005, eligibility is still present!

Some people have also made it clear that they are concerned that the new law makes it more difficult to stop a foreclosure, owing to the lengthy and complicated new procedure. This is because anyone who wants to declare, must take a credit counselling course 180 days before declaring bankruptcy. But what if you need to declare immediately to prevent losing your home to foreclosure?

Well, there are procedures in place for these circumstances. If you are in this situation, you will be allowed to take the course 30 days before finalising bankruptcy in order to speed it up!

Want to know how to manage your debt without losing control? Get the right information on New Bankruptcy Law before you make the important decision.

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Bankruptcy Means Test - What is it and How it Can Deter You From Being Able to Declare Bankruptcy


By Jeremy Edwards
If you are in the very unfortunate position of having to consider bankruptcy, then the chances are that you are at the very end of your tether and that your financial situation is unrecoverable by any other means. If you have therefore considered bankruptcy as a serious and real option, you are probably aware of the recent reforms passed by congress in 2005 to the bankruptcy code. These reforms make it more difficult for consumers to file and include a compulsory bankruptcy means test. The bankruptcy means test was introduced by way of establishing whether a consumer really has no other option than bankruptcy.

There is a long standing fight between creditors and debtors when it comes to bankruptcy. While some financial related laws have favoured consumers in the past, the 2005 reforms came after extensive campaigning by the credit card industry and thus favour the industry more than the consumers.

The reforms mean that it is harder to file for chapter 7 bankruptcy, whereby most of your debt is entirely wiped out. The biggest part of the reforms came in the form of the bankruptcy means test to determine whether or not you could afford to pay off what you owe.

The first thing to consider is the fact that if your income is lower than the median income in the state in which you are filing, the bankruptcy means test is nothing for you to worry about. If you have a lower than median income, as far as the law is concerned, you are unlikely to be able to pay off debts owed.

However, if your income is higher, then you will be subject to more rigorous checks. This will include verification of your income, expenses and creditors and will require very detailed documentation.

Get the right information on Bankruptcy Means Test before you make that important decision.

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Bankruptcy Lawyer Fees - Is This an Added Financial Burden Or a Necessary Expense?


By Jeremy Edwards
If you are in a position where you find yourself in need of a bankruptcy lawyer, then the chances are that you are already unfortunate enough to be experiencing severe financial problems. You are, undoubtedly, broke in a number of ways and in more debt that you will ever be able to pay off. But then comes another problem. Filing for bankruptcy involves lawyers. And how are you supposed to pay bankruptcy lawyer fees?

Up until the bankruptcy code reforms of 2005, filing for bankruptcy was something you could do by yourself as an individual with little or no problem. However, since the relatively recent changes it is now much harder for consumers to file for bankruptcy. There are more legal loops to jump through and given the fact that even the legal professionals are having trouble getting to grips with the new laws, consumers going alone are unlikely to get very far.

So this means that having a lawyer is essential, but how do you pay bankruptcy lawyer fees when you are already weighed down with financial problems?

One thing to remember is that you need a good lawyer in order to increase your chances of filing successfully. If you do file successfully, much of your debt will probably be wiped out and, as such, using a credit card, for example, might be a good way to pay your bankruptcy lawyer fees, as this debt will then most likely be wiped out if you have a successful file. Of course, this is one option available to you and one you might feel is not necessarily wise in case you do not file successfully. However, an experienced lawyer with a good deal of knowledge in the field, though expensive, can pay dividends in the end if you are successful.

Want to know how to manage your debt without losing control? Get the right information on Bankruptcy Lawyer Fees before you make the important decision.

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