Chapter 11 bankruptcy: what's involved, pros & cons of filing

When Should Bankruptcy Be Considered?

Bankruptcy is an option for those who feel they will be unable to lớn repay their debts. Even so, bankruptcy should be considered only as a last resort, as it has long-term, negative consequences on credit rating.

Other Ways to Discharge Debt

Often creditors sell their unsecured debts to collection agencies, who then adopt aggressive tactics lớn collect on the debt, or as much of it as they can. There are ways to use the Fair Credit Reporting Act to get these unsecured debts voided, especially because collection agencies often lack the necessary documentation for legally enforcing debt obligations. This forum post has some good information on how to bởi vì that.

Who Should tệp tin for Chapter 11 or Chapter 7?

In most cases, individuals will want to file for Chapter 7 or Chapter 13 bankruptcy. Chapter 7 bankruptcy, in particular, is meant for individuals who are seeking a "fresh start," but corporations may also file for Chapter 7 (and commonly do). This size of bankruptcy focuses on discharging as many debts as possible và liquidating assets to pay off a variety of remaining debts that cannot be discharged.

A minimum amount of debt is not required for someone to file either Chapter 11 or Chapter 7 bankruptcy. However, to file for Chapter 7 bankruptcy, individuals need lớn pass a "means test," usually by having a large amount of unmanageable debt and/or a low income that hinders debt repayment. Those who have a lot of disposable income are less likely to lớn have their Chapter 7 filing approved.

Chapter 11, which is more expensive than Chapter 7, is typically intended for medium- to large-sized businesses, but smaller businesses and sole proprietors may also want khổng lồ consider this type of bankruptcy. Unlike Chapter 7, Chapter 11 does not liquidate assets, only restructures debts. This allows a debtor to protect an important asset, such as a business, from liquidation. In the case of sole proprietorships và similarly small businesses, Chapter 11 bankruptcy affects both business & personal assets.

Credit Counseling & Debtor Education

Prior khổng lồ filing either type of bankruptcy, individuals must attend at least 60 minutes of credit counseling và at least two hours of a debtor education course. The U.S. Trustee Program provides a các mục of government-approved credit counselors and debtor education courses.

During credit counseling, a financial advisor helps a debtor create a budget và look for any possible alternatives lớn bankruptcy. Debtor education is more of a general educational course that teaches an individual how khổng lồ properly manage money & credit; the course is intended lớn help the debtor learn how to lớn avoid bankruptcy in the future.

Upon successful completion of these programs, individuals receive a certificate from program providers. These certificates are part of the evidence required for debtors to tệp tin for bankruptcy.

How to lớn File

With the advent of the electronic filing processes, individuals are able to file for bankruptcy without the help of a bankruptcy attorney. Form B200 contains checklists for each type of bankruptcy. However, Chapter 11 và Chapter 7 bankruptcies are very complex for individuals who are unfamiliar with the U.S. Bankruptcy Code, and failing to submit the right information or paperwork may result in a court"s rejection of a filing. Worse, inaccurate information in a bankruptcy filing may be considered criminally fraudulent.

Individuals cannot file for bankruptcy when they have had a previous filing dismissed in the last 180 days, so it is very important khổng lồ have all of the necessary evidence when filing.

Automatic Stays

As soon as any bankruptcy petition is filed, and prior to lớn its approval or dismissal, an automatic stay is placed on all lenders. An automatic stay restricts creditors from continuing to try to lớn collect payment from the debtor and further restricts creditors from filing lawsuits against the debtor or foreclosing on his home. This provides immediate relief for those seeking bankruptcy. More than anything, it prevents creditors from using abusive, last-minute tactics to try khổng lồ make back as much of their money as possible. These protections remain in place throughout the bankruptcy process.

Lenders can petition a bankruptcy court to lớn make an exception to this rule for whatever debt dispute they have with a debtor, meaning that, in some cases, debtors may have to juggle bankruptcy filing & several types of debt repayment at the same time.

First Meeting of Creditors và Bankruptcy Court

Barring when creditors dispute a discharge, few must attend a hearing in a bankruptcy court for a personal bankruptcy filing. Instead, there is a "First Meeting of Creditors," which is a meeting that takes place around 30 to 40 days into the filing process. As the name suggests, creditors may attend this meeting, but they rarely do; instead, they tend to lớn have their attorneys work with the debtor"s attorney(s) — another reason it is wise khổng lồ hire an attorney for the bankruptcy process.

This meeting is not overseen by a bankruptcy judge, but by a bankruptcy trustee, a person who is in charge of managing an individual"s bankruptcy. Trustees are usually appointed by the U.S. Department of Justice. In some Chapter 11 filings, a chief restructuring officer is used in place of a trustee.

In either type of filing, the person seeking liquidation or reorganization swears an oath to truthfully answer a trustee"s questions. Most of the time, this meeting is very short unless the trustee or chief restructuring officer is confused or suspicious about certain information the debtor has provided.

Xem thêm: Ly Kỳ Sừng Dinh Rắn Quái Thú Dữ “ Trên Đất Bảy Núi, Sừng Dinh Rắn, Quái Thú “Dữ“ Trên Đất Bảy Núi

One major difference in a Chapter 11 filing comes with the reorganization of businesses, which the trustee takes over during the bankruptcy process. (There are some exceptions to this; see debtor in possession.) If a business is likely to make money in coming years, the business will often be allowed lớn continue operations, và income earned from the business will go toward debt repayment. If the business has more debt than it does assets or revenue, however, it is likely the business will be sold to lớn creditor(s) as part of Chapter 11"s reorganization process.

Debt Forgiveness vs. Debt Reorganization

Debt forgiveness is the common term for what is legally known as a bankruptcy discharge, a chip core component of a Chapter 7 filing that is also used lớn a lesser degree in Chapter 11 filings. Unless a creditor disputes a particular discharge request, most discharges are automatically approved. A bankruptcy court then mails a copy of discharge orders lớn all applicable creditors. Under a discharge order, the creditor(s) must "forgive" the debts listed by no longer seeking repayment. In the eyes of the law, discharged debt is no longer owed.

This is a different process from debt reorganization, which is used in a Chapter 11 filing. Under debt reorganization, debts are not discharged or forgiven. Instead, loan terms are altered in a way that a debtor will hopefully be able to repay his debt more successfully. For example, debt APR or interest rates may be lowered, or the length of time a debtor has khổng lồ repay a loan may be extended.

Unsecured debt, such as credit thẻ debt, is more likely khổng lồ be forgiven than secured debt, such as a home or auto loan. And student loan debt is never discharged in bankruptcy.

It is worth noting that any debt discharges are issued at different times in Chapter 11 and Chapter 7 filings. For Chapter 11 bankruptcy, any debt forgiveness is typically granted after all reorganized debts have been paid in full. In Chapter 7 bankruptcy, however, there are mix periods of time when a creditor can petition to lớn make a debt ineligible for discharge; following this period of time — usually about two lớn four months into the Chapter 7 filing process — all eligible debts are automatically discharged.

In Chapter 7 bankruptcy, individuals will often be allowed lớn have some assets exempted from the liquidation process. What can be exempted from liquidation varies by state, but usually exempt property includes assets such as retirement plans, like 401(k)s, a family car, and some savings. A few states, lượt thích Texas, are quite lenient when it comes khổng lồ property exemptions. Others, however, only allow filers to keep a very small amount of cash by the time the process is over.

Mortgages are very rarely exempt from the bankruptcy process. This means that someone filing for Chapter 7 must continue khổng lồ make payments on his mortgage. If he cannot make these payments, he may also eventually over up going through a judicial or non-judicial foreclosure process on đứng đầu of his bankruptcy.

Similarly, the bankruptcy process does not allow an individual to lớn stop making alimony or child tư vấn payments or lớn stop paying taxes.

Liquidation vs. Debt Repayment

A trustee takes over a debtor"s assets in a Chapter 7 filing. These assets are liquidated — sold by the trustee in exchange for cash — which is then distributed among creditors.

Restructured debt, as found in Chapter 11 bankruptcy, must be repaid according lớn the new terms agreed upon during the filing process — usually over a period of three khổng lồ five years.

Costs

Chapter 11 bankruptcies are often very expensive because they involve businesses, which complicate matters. Filing for Chapter 11 alone often costs over $1,000. Attorneys" fees are especially expensive as the Chapter 11 process requires more legal input and takes much longer — often up khổng lồ a year or longer. Moreover, Chapter 11 attorneys are less common than other bankruptcy attorneys, meaning those who take on Chapter 11 filings often charge more by the hour than would attorneys who handle Chapter 7 or Chapter 13 filings.

Comparatively, Chapter 7 bankruptcy is very affordable and some fees, such as the cost khổng lồ attend credit counseling, may be waived sometimes for those who have no cash khổng lồ spare. Filing is relatively cheap & tends to stay under $500, though there are additional attorneys" fees.

In most cases, a Chapter 11 bankruptcy will cost many thousands of dollars (often in relation khổng lồ business size), while a Chapter 7 bankruptcy will cost somewhere between $1,000 và $2,000.

Chapter 11 vs. Chapter 7 Effects on Credit

Both Chapter 11 và Chapter 7 bankruptcies remain on credit reports for 10 years after the filing date. In contrast, Chapter 13 bankruptcy lasts on a credit report for only seven years.

The effect of having a bankruptcy on a credit report can be very negative. It usually prevents individuals from taking out new loans or getting approved for credit cards. It also makes buying a car or trang chủ almost impossible. While this can make sense early on in a bankruptcy, many years down the road, long after debts have been forgiven or repaid, it can continue lớn haunt the filer.

Xem thêm: Unit 4 Lớp 11: Speaking Trang 51, Unit 4 Lớp 11: Speaking

Business Use of Chapter 11 & Chapter 7

Businesses frequently use both types of these bankruptcies. Choosing between these two chapters comes down khổng lồ what business owners hope khổng lồ achieve with their business in the long run. If the business is not profitable or worth keeping, Chapter 7 bankruptcy is a reasonable choice. If the business is profitable, Chapter 11 may be a good option. It is worth noting, however, that few small businesses survive the costs of Chapter 11 bankruptcy.