SKILLED IN BANKRUPTCY CASES
Most people have experienced debt at some point in their life. And even if it’s “good” debt—such as a mortgage—owing a large sum of money to someone else can still be stressful. At the law office of Groth & Associates, we know that if you owe a lot of people a lot of money, you may be feeling overwhelmed and unsure of what to do. When you call our law office and speak to one of our Rossford bankruptcy lawyers, we can help you to understand your options for getting out of debt. Reach us today to get started.
WHAT IS BANKRUPTCY?
While the bankruptcy process varies depending on the type of bankruptcy for which a party is filing, bankruptcy can be described as the court-facilitated process of paying off creditors and discharging debts. Bankruptcy can provide someone with a clean financial slate and help them to move forward with their life financially. It’s important to remember, however, that filing for bankruptcy also has some consequences—these are discussed in more detail below.
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TYPES OF BANKRUPTCY
There are multiple types of bankruptcy. The type of bankruptcy for which you file will depend on whether you are an individual or a business, the amount of debt you have, and your means. Common types of bankruptcy include:
- Chapter 7 bankruptcy. A Chapter 7 bankruptcy, also called liquidation bankruptcy, is typically pursued by individuals who do not have the means to repay their debts or enter a repayment plan. In a Chapter 7 bankruptcy, non-exempt assets will be sold and liquidated to pay off creditors, and then remaining debts will be discharged. In order to file for a Chapter 7 bankruptcy, a debtor must pass the means test. This is a way of determining whether or not the debtor has enough income to pay back a portion of their debts; if they do not, they qualify for a Chapter 7.
- Chapter 11 bankruptcy. Chapter 11 bankruptcies are almost always filed by businesses struggling to pay down debts. Known as reorganization bankruptcy, this type of bankruptcy allows a business—working with its creditors and the court—to reorganize and create a plan for paying off creditors. While Chapter 11 can be a very effective way to get out of debt and has been used by various businesses large and small, one of the downsides of Chapter 11 is that this is the most complex bankruptcy type.
- Chapter 13 bankruptcy.A Chapter 13 bankruptcy is the other most common type of bankruptcy filed by individuals. Unlike a Chapter 7 bankruptcy, though, in Chapter 13, a debtor will enter into a repayment plan with creditors that lasts for between three and five years. At the end of the three-to-five-year period, any remaining debts will be discharged.
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WHO SHOULD FILE FOR BANKRUPTCY?
Filing for bankruptcy isn’t for everyone, nor is it always the best option for someone who is struggling with debt. Filing for bankruptcy may be a wise idea when:
- You have been drowning in debt for many months and aren’t sure where to turn;
- The amount of debt that you have greatly exceeds the value of your income and assets;
- You have had a lawsuit for collection filed against you;
- You are being harassed or/and threatened by creditors and you want it to stop;
- You have received a notice of foreclosure in the mail;
- You have explored all other debt-relief options, including debt consolidation and mortgage modification; and
- You have talked to an experienced Rossford bankruptcy attorney who has advised you to file for bankruptcy.
THE DOWNSIDES OF BANKRUPTCY
Filing for bankruptcy has many benefits. Most notably, filing for bankruptcy and going through the bankruptcy process can mean getting a clean financial slate. It could mean saving your home from foreclosure and improving your future financial opportunities. And, importantly, filing for bankruptcy automatically initiates the automatic stay, which is a freeze on creditors’ rights to collect on debts.
But filing for bankruptcy also has some major consequences, too. Perhaps the most notable of these is that when you file for bankruptcy, your credit score will take a big hit. This hit to your credit score can make it hard to take out a line of credit or get a loan. And because the bankruptcy filing will stay on your credit report for 7-10 years, it could even make it difficult to get a job in certain industries.
It’s also important to remember that not all debts are dischargeable in a bankruptcy case. Alimony, child support debt, and student loans are usually not forgiven during bankruptcy. Talk to your attorney for information that’s specific to your case and the types of debts you carry.
While there are some downsides to bankruptcy, if you are drowning in debt and don’t know where to turn, filing for bankruptcy may be your best option. It’s important to speak with an attorney to learn more.
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HOW A ROSSFORD BANKRUPTCY ATTORNEY CAN HELP YOU
Because bankruptcy is a court-facilitated process, there are often legal complexities associated with the filing. For example, you’ll need to provide evidence that proves that you meet the requirements to file for bankruptcy. You’ll also have to work with the bankruptcy trustee assigned to your case to enter a repayment plan, liquidate assets, and more. Before you can file, you’ll have to attend credit counseling courses. For the average person, the bankruptcy process can be confusing. When you work with an experienced attorney, you improve the chances of your case proceeding smoothly and you avoid the chances of making a costly error.
CALL OUR ROSSFORD BANKRUPTCY LAWYERS TODAY
At the office of Groth & Associates, we understand that being unable to repay large amounts of debt can be embarrassing and frustrating, and leave you feeling hopeless about the future. When you work with our lawyers, you are entering a judgment-free zone where our top priority is ensuring that you get the legal services you deserve. To learn more about working with our Rossford bankruptcy lawyers and how we can help you when you need it most, please reach out to us by phone or online at your convenience to schedule your initial consultation.