All You Need To Know About Bankruptcy
Friday, May 6th, 2011
Insolvency or bankruptcy is a legal state of an individual or a legal entity for instance a company that is unable to pay its debts. Only a court of law can declare insolvency after a voluntary or involuntary bankruptcy petition. In voluntary bankruptcy, the debtor petitions the insolvency court to declare them bankrupt. On the other hand, involuntary bankruptcy petitions are filed by creditors against an individual or an organization.
Bankruptcy law is not the same globally, different countries have different restrictions. However, the basic concepts are pretty much the same. There are many types of insolvency debtors or creditors can file but only two of them are commonly used. In the first petition, the court will declare insolvency and appoint a trustee to liquidate all the assets belonging to the debtor and distribute the proceeds to the respective debtors.
In the second application, before the court declares insolvency, the debtor will be required to write a debt consolidation plan which must satisfy the conditions set by the law and agreed upon by the creditors. The court will then declare insolvency and appoint a trustee to accept monthly payments form the debtor and forward them to creditors. Unlike the latter plan, the insolvent debtor is in total control of his or her estate.
Only people with regular monthly income can apply for the second type of insolvency. The trustee will acts as the middleman between the insolvent debtor and their creditors. All payments must pass through the trustee. In some countries, insolvency is usually advertised in a gazette notice.
While filing bankruptcy is the best thing to do when a debtor is unable to repay a debt, it usually comes with a number of disadvantages. First of all, insolvency will be reflected on the credit report of the debtor for more than 6 years. This will make it impossible for them to access any kind of financing.
The process of insolvency is not an easy one as you will be required to declare your wealth or estate. If you forget to disclose something, that will amount to fraud which is a white collar crime which can land you in jail. If you are found guilty of fraud or any other crime, the insolvency will continue for close to 15 years instead of the mandatory 12 months.
Another disadvantage of insolvency is that your income can be used by the trustee to repay your debt for up to 3 years. This can only be done if your income is enough to cover your debt in the given period. If you run a business with a few employees, they will be sent packing and the business closed. You will also not have any financial interest in your home. All the bank accounts in your name will also be frozen.
Bankruptcy may sound scary, but many people have used this debt settlement technique to get out of serious financial problems. After you have been discharged of your insolvency you can then start rebuilding your credit rating afresh. Even with all disadvantages, bankruptcy should be considered by anyone who is having a rough time paying back their debt.
Breaking free from debt is not easy. This specialized debt consolidation firm offers services for bankruptcy, debt settlement issues and debt consolidation Toronto. Get help today and enjoy the freedom of being out of debt!