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People suffering from debts and in financial difficulties can take recourse to
bankruptcy. Each country has its own definition for bankruptcy and it's own
Personal Bankruptcy Laws. In US, the
Bankruptcy Code offers protection to people who are bankrupt. Under this code
people who have undergone divorce proceedings, loss of jobs, theft of identity,
mounting medical bills or disability can get relief. Normally, unexpected
situations combined with some other disasters in personal life create the
financial woes. Credit card debts, which were earlier found to be easily
manageable suddenly, become very difficult to manage when combined with the loss
of a job.
When all hope is lost, a new beginning can be created with the help of a good
lawyer specializing in bankruptcy, by making use of the provision of the
Bankruptcy Code. A petition to stop creditor harassment filed under the relevant
clauses will result in an “automatic stay” order from the court.
With the automatic stay, the creditors are prohibited from further action to
collect their debts forcing them to stop calling often or sending reminders.
Foreclosure of home or repossession of car is not going to be a big concern or
worry. A procedure to set right the financial management is also possible with
the filing of a bankruptcy petition.
Automatic stay of non-payment of debts does not include most of the taxes,
support for children, student loans or any injury caused while under the
influence of alcohol or drugs. There are various provisions and options
available when a bankruptcy petition is filed.
Depending upon the law of the state of domicile, some personal items can be
retained while control of all assets and property is entrusted to a trustee.
Property with some value will be disposed of by the trustee and the cash
proceeds will be used to pay money to the creditors.
Under a different provision, property can be detained by the debtor if he/she
is earning regular wages or getting regular income from various sources. An
agreement stating that part of the income or wages will be used for part payment
to the debtors under the approval of the court. A trustee will receive the
payments from the debtor and arrange to pay the same to the creditor and will
ensure the debtor honours the terms and conditions of the repayment plan.
Bankruptcy by businesses is covered under a special arrangement, which
permits the business to continue the operations subject to the approval of the
repayment plan by the court and the creditors. Usually a trustee is not
appointed if the judge feels it is not necessary. If a trustee is appointed then
the property and business comes under the trustee’s control.
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