Debtors have access to three bankruptcy chapters. However, the most popular is chapter 7 because anyone can qualify for this chapter, which calls for liquidation of assets. The second most popular option is chapter 13 because individual debtors with reliable income sources can apply to become bankrupt under this option. The other option is chapter 11, which is similar to chapter 13 except for the fact that it is meant for businesses and corporates.
All the different types of bankruptcies have pros and cons that consumers should be familiar with before they apply to become bankrupt. The ideal lawyer is able to advice clients properly on the reasons for as well as the reasons against becoming bankrupt. This information will enable the consumer to make a well-informed decision.
Chapter 13 is a debt resolution option available to individual debtors with a reliable income source. The debtor is only required to come up with a plan of how they are going to repay their debts with convenient monthly installments. Once the repayment period lapses, the debtor is forgiven of all pending debts.
In a chapter 7, the management of the organization or business is required to come up with a sustainable repayment plan for all their debts. By making monthly payments throughout the bankruptcy period, the business can keep its doors open and retain all their assets. After the stipulated time frame, any debts that might not have been paid will be written off.
There are some debts that consumers should know cannot be written off simply because they have become bankrupt. For instance, the only way your child and spousal support obligations can be amended is through an amendment to your divorce settlement agreement. Student loans, on the other hand, can only be written of when the borrower passes away before settling their debts.
The most important factor to consider when looking for an attorney to hire when you need debt forgiveness is experience. The most experienced lawyers know how to argue out their cases and get the best outcomes for their clients. Therefore, you need to pay attention to the number of similar cases an attorney has handled over the recent years before making a decision.
Since you are already in money problems, be sure to choose an affordable legal services provider. Do not hire the most expensive lawyer just because you need competent legal counsel. After all, there are many competent lawyers who charge reasonable rates. Therefore, you should do your research prior to making a decision.
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