Understanding Bankruptcy

The following guide focuses on understanding bankruptcy according to the US legal system. In short, bankruptcy is a legal status that has the purpose of providing a “fresh start” for companies and individuals that are unable to pay their debts to the creditors. In addition to eliminating the burden of excessive debt, bankruptcy is a key factor that maintains the normal functioning of the economy, meaning that it aids in keeping the credit flowing.

It is important to note that while in other countries, bankruptcy and insolvency are distinct legal statuses; in the United States the terms are almost synonyms, as bankruptcy refers to the formal insolvency proceedings.

Understanding bankruptcy and what it stands for in the US legal system requires more clarification regarding its goal. Therefore, even though it erases debts and stops creditors from pursuing the insolvent, it is considered a non-inclusive discharge. The reason for this is that certain taxes, student loans, portions of medical debts, or spousal support awards are typically not excused.

Depending on the type of impoverishment the insolvent applies for, bankruptcy can also mean an established reimbursement plan with or without reaffirming of the assets. Consequentially, most financial experts advise against this drastic measure and see it as the last resort for those that are simply unable to manage their debts.

Can Bankruptcy Be An Alternative to Debt Consolidation & Vice Versa?

April 14, 2012

Bankruptcy – it is considered to be one of the greatest debt solutions. Bankruptcy is that option through which you as a debtor may be able to discharge almost all of your debts. So, majority consider this option when in serious and complex debt problem. However, it is extremely important for all of the debtors [...]

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Can I File Bankruptcy Myself?

February 10, 2012
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Due to the lack of available cash or extensive knowledge of the law, some debtors ask themselves: “Can I file bankruptcy myself?” The short answer to this question is yes. The debtor has the right to represent himself at the bankruptcy court. However, that course of action is totally unadvisable from all prudent points of [...]

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What is the Role of a Bankruptcy Attorney?

February 9, 2012

Truth be told, settling your financial situation and successfully applying for bankruptcy is a battle easier won for debtors who work closely with a bankruptcy lawyer compared to one who does not work with an attorney. We would like to point out that it is in the interest of the debtor to work with a [...]

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What Are the New Bankruptcy Laws?

February 7, 2012

Even though current US president, Barrack Obama, stated in 2008 that further adjustments to the bankruptcy laws were needed, so far no efforts have been seen in this direction. Therefore, it is quite difficult for consumers who are wondering what are the new bankruptcy laws. The answer can be found in the Bankruptcy Code and [...]

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What Chapter is Right for You?

February 5, 2012

According to the US Bankruptcy Courts and the American Bankruptcy Institute, far more Americans are filing for Chapter 7 than any other chapter; second place is occupied by chapter 13 applications. Following are some statistical data for the past 5 years. However, this guide would like to point out that deciding on what chapter is [...]

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Should I File for Bankruptcy?

February 2, 2012
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The response to the question “should I file for bankruptcy?” is that, it really depends. First off, those intending to file for bankruptcy must be prepared to face the negative consequences of the process: inability to take loans, losing assets, impossibility to get a job in the administrative or financial fields, etc. Therefore, even though [...]

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Who files for Bankruptcy?

January 30, 2012
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Due to the few bankruptcy cases registered in the past 200 years in US financial history, the need for regulating the laws regarding bankruptcy was largely obsolete. While initially the first bankruptcy acts supported creditors, the volatile economic conditions mandated the organization of a legal system aid to help debtors. As many abused the system [...]

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