Role of Bankruptcy Lawyers in Declaring Bankruptcy in North Carolina

July 25th, 2010 by admin Leave a reply »

Beyond doubt, among thousands of words that exist in the English language there is one that in the world of business will make almost any one’s heart leap. In fact, this word is associated with waste, lost homes and ambitions destroyed. Nowadays, bankruptcy affects hundreds of thousands of people every day. However, with the help of bankruptcy attorneys many debtors manage to escape the tightening knot. With the aid of these professionals, companies and small businesses succeed in recovering their financial state in several years.

Mostly, the bankruptcy is usually filed for in several ways. Two, to be precise, – by the debtor or creditor. The debtor may want to initiate bankruptcy procedure to try to get rid of the debt burden and start anew, while the creditor may want to get the debt back by acquiring the assets of the company that is no longer financially stable. To tell the truth, in both cases with the help of bankruptcy lawyers in North Carolina, the filing for bankruptcy might be handled according to Chapter 7 or Chapter 13. We have to admit that when the choice of any of the two Chapters is before you, there are a few points you have to know.

To begin, Chapter 7 is termed as straight bankruptcy or liquidation. It implies that under this Chapter the debtor is allowed to preserve certain property. The rest is sold and the money received is used to cover the liabilities to creditors. Under this Chapter there are some debts that are released and some that are left, for example, taxes, loans, legal fines, allowances and so on. If the debtor has little assets acceptable for liquidation, bankruptcy lawyers recommend this Chapter. And so the advantage of filing under Chapter 7 is that the debtor has minimal loss of personal assets which allows them to start anew rather quickly.

Another Chapter, Chapter 13 is termed as reorganization. In fact, this Chapter suits people who have big assets that they are not willing to lose. Under this Chapter the debtor is allowed to pay back the debts under better terms, for example, lower interest rates or waived fees. However, the trouble with this Chapter is that it is difficult to qualify for it. The debtor has to have good assets and income to be able to be considered as worthy of the Chapter protection. The bankruptcy attorney usually helps the debtor to work out a repayment plan for up to five years during which the debtor must pay back the overdue money to creditors. The debtor is usually promised a protection from the bankruptcy court and creditors cannot make any other attempts to get back the debts that run contrary to repayment plan. Though, if something goes wrong, the debtor might get into more debts during this time.

To sum up, if you have troubles with your financial situation and need to file for bankruptcy you need to consult a bankruptcy lawyer.

Do you live in North Carolina? If you do, then you can get bankruptcy lawyers in Charlotte from this bankruptcy attorney directory. Get a free case evaluation with no obligation to hire.

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