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Business Benefits of Bankruptcy

May 26, 2008
Sometimes, the formal and legal declaration of personal bankruptcy is the best way to go when you're 'snowed under' with bills, and you just can't see your way clear to survive.

Actually, bankruptcy allows you to make a fresh start. Generally, it takes only a small amount of money, a careful evaluation of your assets and your liabilities. In many cases, a lawyer is not necessary.

If you have very few assets, mountains of debt, and not enough income to meet your obligations, then your best bet is almost always the filing of straight bankruptcy. What you'll need is the proper forms 'S3010 Bankruptcy forms, for an individual not engaged in a business'. These can be purchased from any full-line office supply store, especially in an area serving attorneys' offices.

You'll need to know which district you love in for federal court purposes - so look in the white pages of your telephone book under U.S. government - courts - and take down the address of the nearest U.S. district court. Check it out to be sure that your residence is in this court's jurisdiction.

You then fill out the forms you purchased, listing all of your creditors - those with priority being listed first - meaning those who have extended credit to you against some sort of security or collateral, followed by those who have extended credit to you on just your signature or reputation. You must be sure to list all of your creditors because any that you fail to list, will be able to sue you and collect even after the bankruptcy has been adjudicated. At the same time, be sure to include the names of anyone and everyone you may have co-signed a note or a loan for, as well as anyone who may have co-signed for you.

The laws governing personal bankruptcy vary in all states, but generally, a bankruptcy judgement will not take away the house you live in, basic home furnishings, a car that's necessary towards your gainful employment, nor the tools of your trade. Check these things out to be sure against the list of items regarded as the necessities of life by your state.

When you've got all the forms filled out, and notarized, you take them to the clerk of the U.S. district court in your jurisdiction. You pay the clerk $50, and from there, you're home free. The clerk notifies your creditors, and reminds them that being as you've filed bankruptcy papers, they cannot bother you about your debts anymore.

However, they are invited to your hearing. Usually they don't show up, because by that time, you have very few, if any, non-exempt assets left that they are really interested in.

But, whatever assets you do have those are non-exempt, will be sold by the court to appease your creditors. Any money realized from these sales is then added to the total amount of money you may have turned over to the court at the time of your filing, and divided equally amongst your creditors according to priorities.
About the Author
Uchenna Ani-Okoye is an internet marketing advisor.

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