In difficult economic times, bankruptcy filings increase. According to the Administrative Office of the US Courts, over 1.1 million people filed for bankruptcy in 2008, up 31% from 2007. Contact a knowledgeable and experienced attorney who can help guide you through the complicated maze of overcrowded bankruptcy courts.
Bankruptcy Can Help You Achieve Debt Relief
Not all debts can be paid. Especially in the current economic situation, more and more people are facing bankruptcy even though they did everything right. If you are struggling with debt that you can never hope to pay off, an attorney at The Golden Law Group can help.
The Golden Law Group is one of the foremost consumer debt and bankruptcy law firms serving Tampa, Florida and surrounding areas. Lead attorney G. Donald Golden has focused his entire career on bankruptcy, and he is a Board Certified Specialist in Consumer Bankruptcy under the standards of the American Board of Certification.
To learn more about bankruptcy at The Golden Law Group, view the following pages:
To discuss your situation during a free consultation with a lawyer at the firm, call 888-325-7602 or contact their offices online.
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It doesn't cost anything to find out if bankruptcy is the right option for you. You can have all of your questions answered during a free initial consultation with a lawyer at The Golden Law Group. There is no risk and no obligation. You can learn about realistic strategies for dealing with your debt.
The Golden Law Group is a full-service consumer law firm that focuses exclusively on handling issues related to consumer debt and bankruptcy. You will not be represented by an attorney who dabbles in bankruptcy as part of a general legal practice. You will be represented by a recognized specialist in bankruptcy law.
Bankruptcy - An Overview
Bankruptcy is a legal vehicle that provides relief to individuals and businesses in serious financial trouble and protects their creditors to the extent possible. Generally, the bankruptcy process assesses the debtor's assets and liabilities and provides a structure within which the debtor is allowed to keep some, and in most cases, all property and ordered to satisfy as many eligible debts as possible, according to an order of priority established by law. Remaining debts are discharged, except those of certain types, like domestic support orders, debt obtained by fraud and most tax debt.
The traditional stigma of bankruptcy has faded and been replaced by the view that it is a fresh start after a time of trouble. Most bankruptcy debtors have experienced unexpected and extreme financial shock, such as that caused by sudden events such as job loss, business failure, death, divorce or illness.
In such cases, filing bankruptcy may be the right answer. If you are facing serious financial challenges, it is very important to seek the counsel of an experienced bankruptcy attorney, such as one from The Golden Law Group in Brandon, Florida, to help you to assess your legal options.
Bankruptcy law is primarily federal and administered by the federal courts. However, the various states' consumer and commercial laws do play important roles in certain bankruptcy issues and some circumstances.
Bankruptcy is an available option for individual consumers, businesses, farmers and municipalities. There are two major bankruptcy types: liquidation and reorganization. For practical purposes, many debtors have so-called no-asset cases where all of the debtors' property is exempt from the liquidation requirement and eligible debt is discharged without any property being sold.
Chapter 7
Chapter 7 of the Bankruptcy Code governs liquidation bankruptcy, available to individuals and businesses. Upon the filing of a Chapter 7 bankruptcy petition, the bankruptcy court issues an "automatic stay" that stops most collection proceedings against the debtor. A bankruptcy trustee is responsible for gathering the debtor's nonexempt property, if any, liquidating it and distributing the proceeds to the creditors in order of legal preference. This process often leaves some creditors' debts unpaid when there are not enough assets to cover liabilities.
For an individual consumer debtor, these remaining debts are discharged and no longer the responsibility of the debtor; however, certain types of debt are non-dischargeable and survive the bankruptcy, such as alimony or child support. For a business debtor, the liquidated business does not survive the bankruptcy.
Reorganization
A reorganization bankruptcy is more appropriate where there is ongoing income that can be used to pay creditors, at least in part. Reorganizations are governed by several chapters of the Bankruptcy Code. Chapter 11 generally controls reorganizations for individual debtors with high debts or for larger business entities. Chapter 13, on the other hand, generally covers individual consumer debtors with lower debts. Farmers can file for reorganization under Chapter 12 and municipalities under Chapter 9.
Filing for reorganization also generates an automatic stay of most collection activity. The debtor then develops a repayment plan to pay debts over a three- to five-year period through a bankruptcy trustee. At the successful conclusion of the payment plan, if certain conditions are met, remaining dischargeable debt is cancelled. If the debtor fails to make payments under the plan or fails to make alimony, child support or certain tax payments, however, the court may either dismiss the case or convert the reorganization to liquidation.
Involuntary Bankruptcy
In addition to bankruptcies filed voluntarily by debtors, creditors have a legal remedy through "involuntary bankruptcy" petitions under Chapters 7 or 11. If either a minimum level of debt is present or a minimum number of creditors, creditors can file a bankruptcy petition against a debtor to ensure that assets are distributed fairly among creditors through the bankruptcy process. Creditors must take care only to file meritorious involuntary petitions, however. Penalties for filing improper involuntary petitions can be steep.
Conclusion
Bankruptcy law can benefit debtors and creditors alike, depending on the circumstances. If you feel that a bankruptcy proceeding may benefit you or your business, you should consult a skilled bankruptcy attorney to help determine your best course of action. The experienced bankruptcy attorneys at The Golden Law Group in Brandon, Florida, have the knowledge to help their debtor clients get out from under formidable debt and to assist their creditor clients in collecting what is rightfully theirs.
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