3 Facts You Should Know About Bankruptcy Laws

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Are you thinking about filing bankruptcy? If you own a business, you need to consider the risks involved in filing. In many cases, this move can close the doors of your business for good and lead to long-term financial implications for yourself. Still, it may be the best move for some people.

Before You File

Before you decide to file bankruptcy, it is a good idea to consider the structure of your business right now. Realize that indemnity insurance may or may not extend into bankruptcy, depending on your policy limitations. Depending on whether or not the business is incorporated, you may end up with financial risks on personal assets. This can be costly. Even more so, business insurance does not cover such costs or losses.

What You Need to Know

Before you make the move to file bankruptcy, know as much about it as possible. Hire an attorney to help you through the process.

  1. Realize that bankruptcy is permanent. Once you decide to file and the court moves to approve the dismissal of debts, you cannot get back any assets you lose.
  2. Bankruptcy laws protect some assets. These depend on the state you are in, and the type of bankruptcy you file.
  3. Bankruptcy laws do limit who can file. You must meet specific qualifications to have your petition accepted. However, reorganization of debt may be an option for some who are filing personal bankruptcy and do not qualify for Chapter 7.

Talk to an attorney. Know what the risks of filing bankruptcy are before doing so.

Understanding the New Bankruptcy Laws

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As many people know, knowledge is power, and the best way to handle the bankruptcy roller coaster is to be informed. Know as much as you can about what you are about to do.

The last thing someone in a financial crisis needs is a suggestion that will cost more money, money that isn’t there in the first place. If you have decided to file for bankruptcy, you will need to know about new bankruptcy laws that can affect your decision.

Some of the most recent changes to the law may determine whether bankruptcy is even an option for you. The law requires that you meet with a debt counselor to examine your personal financial situation. Other changes you need to know about can include the following laws:

  • You must pass a means test. This is a test to see whether you qualify to file.
  • You may have to liquidate certain assets. In most cases, you can keep your primary residence but not additional property. You can usually keep your vehicles.
  • You may need to meet certain income restrictions. This varies from state to state.

If, after exploring all the options, you find that filing for bankruptcy is necessary, you should hire an attorney. While some states allow you to file without legal representation, bankruptcy lawyers stay abreast of changes to the law, and they can help ensure you follow all the steps required to discharge or restructure your debt.

While it is not necessary to know all the laws, it is essential that you work with someone who does.