Bankruptcy is a term which is applicable to person as well as business house. In simple explanation bankruptcy is the condition when the person or the business organization will be unable to pay the debt over his head. There will be huge amount of debt pertaining to the person or the business house, where they are financially not ready to pay the debt and ultimately they will be declared as bankrupt. The chapter 7 and the chapter 13 explain the bankruptcy in more detail.
Yes, increase of
the bankruptcy there are certain advantages and here we are going to disuses
the advantages of the bankruptcy in detail. Once a person or a business
organization declares as bankruptcy they will be stopped to foreclosure their homes
in order to process for the payments. Similarity they will not be forced for
the wage garnishment and harassment by
debt collectors as a result of which they will be able to make the arrangement for
the payment of the debt. There also raises a question that whether you can file
for the bankruptcy. And the answer
to this question is clearly explained under the chapter 7 and the chapter 13.
Chapter
7 of bankruptcy: the chapter 7 of the bankruptcy is the initial
steps of the bankruptcy towards the writes off the debt. Once a person or a
business house is declared bankruptcy under the chapter 7 immediately a trustee
will be appointed by the honorable court. The basic and the sole function of
the trustee is to take care of the property which is to be sold or to auctioned
in property. Accordingly the trustee acts and makes the necessary arrangement
to sold the property. Once the property is sold with the highest possible value
from the bidder the money will be collected and it will be posed by the trustee.
The next step is to write off the whole debt with the collected money. At the
same time it has to be kept in mind that during the whole process of selling
the property the debtor will have no privilege to access the property and if it
is a business houses the debtor will be prohibited to perform the business operation
with the property held with the trustee for the purpose of selling. If the
money collected by selling the property is not enough to repay the debt, the
whole money will be distributed in the respective ratio to repay the debt.
Chapter
13 of bankruptcy: The chapter 13 of bankruptcy is
absolutely opposite to the chapter 7. The chapter 13 of bankruptcy is
applicable to person who have regular source of income. In case of the chapter
7 the property will be sold to repay the debt by the trustee. In case of the chapter
13 the debt will be paid from the regular source of income. A proportion of the
income will be used to repay the debt for the bankruptcy person.
No comments:
Post a Comment