Filing for bankruptcy is always a hard thing to do. When you start the procedures to file for bankruptcy, you start thinking about all of the wrong things that you did. If you have not filed yet, there is still time to make things right, look through this article and figure out what you can do.
Bankruptcy laws vary from state to state so it is important to do your research. For instance, in some states, you can’t lose your home to bankruptcy, while in other states, you can. Do you research about legal ins and outs in your state before you begin the bankruptcy process.
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Maybe Chapter 13 Bankruptcy Is a Better Choice. To file for Chapter 13 bankruptcy you fill out the same forms as you would for a Chapter 7 case plus your proposed repayment plan. If the court accepts your plan, you make payments to the bankruptcy trustee who distributes a share to your creditors.
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LLC owners who have signed personal guarantees may have to file personal bankruptcy to relieve them of responsibility for these business debts. Sometimes a business bankruptcy is the best way to resolve an LLC’s financial troubles. If the LLC does not have any assets but the owner has signed a personal guarantee, a personal bankruptcy may be best.
The choice to seek bankruptcy involves many complicated considerations, while there are advantages and disadvantages of Chapter 7. You’ll want to take into consideration whether you can avoid bankruptcy altogether or how to preserve valuable assets if a bankruptcy is absolutely necessary.
Generally, the laws of the state in which you lived for the 730 days (2 years) prior to filing a bankruptcy petition will apply in your bankruptcy. If you have not lived in the same state for the 2 years immediately prior to filing your bankruptcy petition, the laws of the state in which you lived for the majority of the 180-day period preceding the 2-year period will likely apply.
Filing Personal Bankruptcy Since personal bankruptcy laws are so complex, it’s a good idea to seek advice from an attorney before filing for bankruptcy. This is the best way to ensure your paperwork is filed completely and accurately.