Bankruptcy Allows Debt Elimination Through Different Chapters

Understanding the different ways to file is crucial to the success of any company and personal reputation. There are three types of bankruptcy filing, Chapter 7, Chapter 11, and Chapter 13. Chapter 7 is best when the corporation has no future, substantial assets, or the debts are unmanageable. Corporations are not eligible for this type of Bankruptcy. If this is the best route, the educating oneself on the types of debts qualified as dischargeable will aid in determining what debts to pay on. Unqualified debts include: taxes, student loans, debts incurred by fraud, and child support. Though some of these provisions are not related to the small company itself, a person may feel they can be rolled into the business filing. Seeking professional legal advice on how to prepare for small business bankruptcy saves money in the long run, although this statement only applies when an honest and experienced lawyer is hired. The chapter 13 route basically sets up a repayment plan similar to that of a debt consolidator, however unlike a debt consolidator chapter 13 can only take certain debts and it is a mandated process by the bank or other creditors. In most cases chapter 13 is used for the debt elimination that chapter 7 bankruptcy doesn’t cover. Keeping as many debts as possible with realistic plans for repayment aids in sustaining and building credit. Liquidated or unsecured debts another reason for filing bankruptcy under chapter 13. Relief on taxes may be an option based on the kind of tax, age of the tax, whether a return was filed, and the type of bankruptcy was filed. Careful planning and research will ensure proper methods for successful small business filing bankruptcy.

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This entry was posted on Friday, May 21st, 2010 at 4:10 am and is filed under Legal.
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