September 25, 2008

Filing Personal Bankruptcy

Filed under: e-financetips.info-part3-20 — admin @ 1:11 am

Bankruptcy is a lawful course of action which allows individuals who are unable to reimburse their debt a new beginning. A choice to file for bankruptcy is a decisive step. Debtors should consider all their financial alternatives before they file in for bankruptcy. It is not a small step and it has very strong and lasting consequences. One of the major drawbacks is that it remains in the debtor’s credit file for ten years, creating a negative impact for the many years, even after the debt has been dealt with.

It is wise to consider debt consultants. There are many non-profit credit counseling agencies out there and they can work out a debt repayment program depending upon the debt amount and the debtor’s income level.

People who do not choose to file for a bankruptcy should hire a good lawyer who is knowledgeable about the new changes brought in by the new federal law signed by President Bush, which makes it more difficult to file for bankruptcy.

Basically, there are two types of bankruptcy accessible to the majority of people. Chapter 13 permits the debtors to still own their property that could otherwise be taken away as a form of payment from the debtor. This type of bankruptcy is called a reorganization that allows the debtors to pay off or deal with a non-payment over a time, usually three to five years, rather than give up their property.

The second type of bankruptcy is the Chapter 7, which can be filed every six years. It may be preferred to straight bankruptcy that necessitates liquidation of every possession that is not exempt in the debtor’s state. Items such as work-related tools and basic household furnishings usually fall under the exempt property, but some property may be sold by a court-appointed official or turned over to creditors.

Filing Bankruptcy provides detailed information about filing bankruptcy, filing bankruptcy online, filing chapter 11 bankruptcy, and more. Filing Bankruptcy is affiliated with Free FICO Score.

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September 23, 2008

Filing Bankruptcy Online

Filed under: e-financetips.info-part3-20 — admin @ 2:23 am

In today’s world of technology, people can file for bankruptcy online. The court has a federal database called PACER that can be accessed online by paying a fee.

Many attorneys file cases online. Also, with the increase in usage some courts actually permit attorneys to file cases on behalf of their clients through online electronic access only, but pro se debtors are typically not allowable to file via the PACER system.

There are several attorneys and services online. Most attorneys are eager to find ways to help debtors via email, but clients have to remember that they still need to sign some documents at some point in time. Attorneys do not prefer to offer document preparation services for debtors with online filing options because these put the attorney in an awkward predicament. He or she then becomes liable to the court as if representing the client throughout the entire process. Most attorneys would prefer to meet each client in person, verify their identity, and develop a personal level of comfort and assurance with each new client.

Attorneys may be held responsible by the court if they are found guilty of negligence and documenting misrepresentations. For that reason, few attorneys are enthusiastic to risk personal liability for anyone who is reluctant to present themselves in person.

Attorneys will request a valid photo i.d. and permission to perform a background check. Once the debtor sets up an attorney/client relationship and signs the documents, few debtors are obligatory to be present in court until the meeting of the creditors (11 U.S.C. Sec. 341) in ordinary cases.

There are several services accessible online that can simplify the procedure of filling bankruptcy without an attorney. These bankruptcy sites will guide debtors through the process and help them to organize all the forms online and then print them out to file with the bankruptcy court. There are also paralegal sites that can allow debtors to file their petition online.

Filing Bankruptcy provides detailed information about filing bankruptcy, filing bankruptcy online, filing chapter 11 bankruptcy, and more. Filing Bankruptcy is affiliated with Free FICO Score.

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September 21, 2008

Filing Corporate Bankruptcy

Filed under: e-financetips.info-part3-20 — admin @ 1:10 am

There are many questions raised when a company files for corporate bankruptcy. As an investor, people would like to what happens to the company, who would look into the interests of investors, and above all, if the old securities have any value left, or is the stock is turned into paste paper until the company is reorganized.

Companies that go out of business or try to recover from crippling debt are governed by federal bankruptcy laws. A bankrupt company, the “debtor,” can use either Chapter 11 or chapter 7 of the Bankruptcy Code.

Under Chapter 11, the company is allowed to “reorganize” its business and attempt to develop into a profitable corporation. The company still functions on a day-to-day basis other than the fact that all important business decisions have to be agreed upon by a bankruptcy court.

Where as under Chapter 7, the company will stops all it operations and completely shut all its functions. The court assigns a trustee to “liquidate” (sell) the company’s assets. The money so collect is then used to pay off the debt, which would take account both the debts to creditors and investors.

During a payment, the investors are paid first, due to their risk involvement. Bondholders have an advantage over stockholders since bonds stand for the debt of the company and the company has agreed to pay bondholders interest and to return their principal. Where as stockholders own the company, and therefore take on greater risk. On a good day, it is the stockholder who would make more money, but at the same time, as the company goes bankrupt, the stockholders bear to lose, as owners are last in line to be repaid if the company fails. Also remember that under Chapter 11, stockholders are still able to trade the stock, but under Chapter 7 the stock is worthless.

The other creditors are usually secured creditors that have low risk factors since the credit that they extend is usually backed by collateral. Collateral can be the mortgage or other assets of the company. They also stand to be paid first as the company files for corporate bankruptcy.

Filing Bankruptcy provides detailed information about filing bankruptcy, filing bankruptcy online, filing chapter 11 bankruptcy, and more. Filing Bankruptcy is affiliated with Free FICO Score.

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