Bankruptcy for the Sole Proprietor

When a person decides to start a business, the potential owner has to make a lot of decisions such as where to locate the business, how to market, and deciding on a business strategy. The legal aspects of starting a business, especially if it is the owner's first time out, can seem less important than making money and managing the company.

The first legal principle to recognize with sole proprietorships is that the business is not separate from its owner. If you are in such a situation, you are probably all too aware of this fact. This means that the business owner is individually and personally liable for any debts the business incurs.

This personal liability of a sole proprietorship has serious implications should the company enter bankruptcy protection. First, a business established as a sole proprietorship cannot file for bankruptcy without the business owner (one good reason to set up a business as LLC or corporation). Second, the individual owner's assets may become available to both the company's and the individual's creditors.

The question that many people have with their own personal business is whether the bankruptcy trustee or court will close the business completely. The answer to this question will depend on a number of factors. However, the main factor is which Chapter of bankruptcy the business owner chooses to file under in the bankruptcy court.

Chapter 7 is also known as liquidation. The Chapter 7 trustee will sell all "non-exempt" assets to pay off creditors. A business that is not able to exempt much of its assets will be required to close based on the inability to function as required as compared to its business needs. There is also a growing trend with sole proprietorships of trustees simply closing the business to prevent the business from incurring further liabilities.

If the owner of the company has significant assets and wants to continue operating the business, Chapter 13 may be the better alternative. In Chapter 13 the owner's debts are reorganized and a payment plan is created to pay part or all of the debts over a three or five year period. The owner can keep all of the business property through this repayment process.

Ultimately, if you are considering bankruptcy for sole practitioner debts, consider all of your alternatives, including setting up a separate business identity. If bankruptcy is needed, contact the Henshaw Law Office today at (408) 599-1305.

How to Improve Credit Scores After a Bankruptcy

A lot of people are concerned about their credit standing while going for bankruptcy in Tampa. It is true that bankruptcy has a negative impact on credit score and it keeps appearing on credit reports for almost ten years after the bankruptcy. However, if you don't go for bankruptcy, what would be your credit score then? Would you be able to payback all the debts on time? When making a decision you ought to keep the positive effects in mind along with the negative ones. Bankruptcy allows you to make a fresh start by wiping out all outstanding debts.

There are several benefits of bankruptcy that are often forgotten by most people. For instance in the long term your credit rating can improve due to bankruptcy. Also, it takes care of all your liabilities which is a very good thing for your debt to earnings ratio. If you can manage your finances intelligently then the overall result will be favorable.

Here are some tips that you will find very useful for maintaining a good financial position after a bankruptcy in Tampa:

Payback Loans on Time:

It almost goes without saying that you must learn from your past experience and never borrow money when you can't pay back on time. If you find yourself in dire needs of funds then ask your friends or parents for money before borrowing from financial institutions. This may hurt your ego a bit but at least it won't affect your credit score.

Explore your Credit Reports:

After a few months of bankruptcy you must get your credit report and look for any inaccuracies or errors. These errors may make your credit standing suffer. You must ensure that all your debts are reported as "discharged in bankruptcy". If you do find any errors then get them fixed as soon as possible. A free credit report can be obtained from all credit bureaus online.

Use a Secure Credit Card:

A secure credit card is very beneficial for you, in the sense that you can use only the amount which you deposit. In other words the deposited amount becomes your credit limit. Use such a card to make small payments for day to day needs. If you keep returning the money you borrow, your credit score will surely improve over time.

Change Your Financial Habits:

Have a look at your financial habits and try to figure out the ones which resulted in your bankruptcy in the first place. Try to avoid ugly financial scenarios whenever possible.

If you keep trying to improve your credit score by adopting good monetary habits, paying loans on time and eliminating errors and inaccuracies from your credit reports then gradually your credit standing will start to improve. It takes between seven to ten years to get the bankruptcy off the credit reports completely but if you try hard your score will start going up in a few months and you'll be able to take bigger loans and unsecured credit cards.

Filing Chapter 13 Bankruptcy? Who Pays The Bankruptcy Trustee?

When filing for bankruptcy, there is one thing that everyone has in common and that would be a bankruptcy trustee that is assigned to the debtor when the bankruptcy petition is filed. It doesn't matter whether you file Chapter 7 or Chapter 13 bankruptcy, your case will still be overseen by a bankruptcy trustee. When an individual files Chapter 7 bankruptcy the only time the debtor will see the trustee is at the 341 meeting unless there is a problem and they have to reschedule and come back. In a Chapter 13 bankruptcy the debtor will be dealing with the bankruptcy trustee during the entire 3 to 5 year process.

A Chapter 13 bankruptcy is a reorganization bankruptcy that includes a 3 to 5 year repayment plan that is negotiated by the debtor's bankruptcy attorney, the bankruptcy trustee assigned to the debtor's case, and the creditors. During a Chapter 13 bankruptcy the basic duties of the trustee, after setting up a payment plan, is to collect money from the debtor and distribute it to the debtor's creditors.

Most people think that the bankruptcy trustee is paid by the federal government and the courts. This is not true. In a Chapter 13 bankruptcy the trustee gets paid a percentage of what they collect from the debtor and distributes it to the creditors. If there is an overpayment the money will be refunded to the debtor. The bankruptcy trustee is only paid based on what the creditors get paid. The federal bankruptcy court system is made up of districts and the amount the trustee gets paid can vary from district to district with the maximum amount to be paid is 10%. Out of this money that they collect, they have to pay their own expenses to operate their office.

Many districts also have caps on the amount of compensation the bankruptcy trustee can make from a case. Many Chapter 13 bankruptcy cases involve mortgages and the payments are usually made through the bankruptcy trustee. This is why they have a cap. Mortgage payments can be quite expensive and using the 10% rule of everything that's paid out, the bankruptcy trustee stands to gain a substantial amount of money for managing the case if the caps were not in place. Because of this, some districts have it set up where the debtors pay the mortgage company directly. In these districts the commission is usually at the high end of the spectrum. Also, districts that have a large number of bankruptcy filings usually pay a lower percentage due to the high volume.

With all of the ins and outs and intricacies of Chapter 13 bankruptcy, it's important to have an experienced bankruptcy attorney represent you. Hiring a local bankruptcy attorney can be very beneficial as they have usually worked with the bankruptcy trustees for that district. They will know what the trustee wants and expects from a debtor. Going into bankruptcy blind is crazy and any leg up you can get can possibly save you thousands of dollars in the long run. When filing for bankruptcy, remember to always be honest with your bankruptcy attorney and the bankruptcy trustee. They're not out to get you, but to help you through this tough time in your life.

Almost Free Bankruptcy Filing

Bankruptcy Counseling becomes essential when you are debt burdened. Just guess a situation where you are into, and where you have several creditors running after you and your family. Just guess how it seems to appear when your financial resources are not good and have no other option left with you. The situation is really difficult to handle and all you can do is file for your bankruptcy. Now there are different types of bankruptcies for which you have to hire an experienced attorney. After passing of new "reformed" bankruptcy law, which is also known as BAPCPA law, the very question of going for free bankruptcy is simply out of question. A minimum fee has been levied by the federal government under each bankruptcy. Therefore, if you are filing under chapter 7, which used to be $750 to $1,000 before 2005 law is now put at $2,000 to $2,500 since the new law. Similarly for chapter 13, the fee for filing the bankruptcy used to be $1,500 or less, is now put at $3,000 to $4,500. And of course you don't need to forget about the court filing charges, which have gone up drastically by almost 33%. Bankruptcy is a terrible financial condition and with these high filing charges, it becomes extremely difficult to find the ways to file for dirty cheap or low cost bankruptcy.

Get yourself ready and apply for free bankruptcy. It will save you money and give you peace of mind. You don't have to worry about spending your money or pay heavy for the lawyer fee. Low cost bankruptcy is a constitutional right of US citizen and he/she can file the bankruptcy for free provided if the bankrupt individual is aware about the norms and terms and conditions given under the bankruptcy. If you thought that it is difficult to go for filing the bankruptcy, you can read through the Internet based forums where many views have been written on bankruptcy and filing for bankruptcy. Just make sure that you are aware about every subtle bankruptcy issue, only then you'd be able to go for free bankruptcy. Pack your bags now and you will be happy to get yourself low cost or a cheap bankruptcy. You can hire counseling service too

Filing Bankruptcy Online is a good way in which you can always go ahead and make the start. You can also consult the experienced attorney on this account.

Chapter 13 Bankruptcy Is Sometimes Misunderstood

As the smoke is still clearing from the real estate meltdown in 2007, there is still believed to have a second wave of option arms to still hit. No one knows what further damage this will do to the already saddled real estate industry. Many individuals that took out a second on their home and have recently had to face foreclosure on their house are left exposed to having the second trust deed holder come after them for the amount due. If the lender decides to, they can sell the debt to a debt collection company that will sue the debtor and get a judgment against them. Or in the least file a 1099C with the IRS to write off the debt, making the debtor responsible for income taxes on the amount written off.

If someone already lost their home it might be a good idea to file Chapter 7 bankruptcy and eliminate all the liability. To file Chapter 7 bankruptcy you must qualify under the means test which is based on the average income of the state you reside in. If you don't qualify for Chapter 7 you definitely should consider Chapter 13 bankruptcy. Most people when they think of bankruptcy they think of chapter 7. Chapter 7 is the most popular form of bankruptcy because of the short time to get a discharge and total elimination of all unsecured debts.

Chapter 13 bankruptcy is sometimes misunderstood by debtors. The reason many people are afraid of filing Chapter 13 is because of the 3 to 5 year payment plan that scares them away. Chapter 13 has many benefits, especially if you're trying to protect your property. When a debtor files Chapter 13, they can negotiate a plan of reorganization catching up on the arrears of payments included in the payment plan. If the value of the property has dropped a substantial amount, the debtor can try and strip off the second and third deeds and wipe them out as unsecured debt at the end of the payment plan. In a Chapter 13 bankruptcy, secured debts in any court ordered judgment get priority, being paid first and unsecured debts get whatever crumbs are left over. Recently, because of the housing crunch many individuals have been using Chapter 13 as a way to renegotiate their home loan. A lot of these people don't have much unsecured debt and their real problem is the house they are upside down in.

Chapter 13 basically allows the debtor to fight the foreclosure behind the shield of a court order. It forces the mortgage holder to pursue the foreclosure in the bankruptcy court and force the debtor to leave the property. The most the lender can receive is their property back and by looking at the way the current real estate market is going, it just might be in their best interest to negotiate something. For individuals that are considering filing Chapter 13 bankruptcy they will definitely need to hire a bankruptcy attorney to complete the task. It's good to hire an attorney that specializes in Chapter 13 proceedings. The bankruptcy attorney is required to negotiate with the trustee and creditors and you will want someone in your corner that will get you the best deal.

Filing Bankruptcy And How It Can Help You

Overwhelmed with debt and considering filing bankruptcy in Massachusetts? Do your research ahead of time so you know exactly what you need, how to file for bankruptcy and how it will affect you and your future.

Defined under Federal law, Bankruptcy is a legal proceeding where a person is released from paying debts by declaring bankruptcy and turning all non-exempt property over to the court's Trustee. If this sounds complex, it's because Massachusetts bankruptcy laws are complex as well as powerful. Each case is different and a person's right to retain your property and the discharging of debts depends on fact specific circumstances. Your first step should be to find a Massachusetts bankruptcy attorney, preferably one who provides a free consultation and cares about you, your needs and your goals.

Let's consider some of the facts and requirements for bankruptcy court in Massachusetts.

Anyone living in, doing business in or who owns property in this country can file bankruptcy. There are two different types of bankruptcy in MA.

In Chapter 13 you will pay a portion of your non-secured debt and all of your secured and priority debt over a period of 3 to 5 years and are allowed to keep both exempt and non-exempt property. In Chapter 7 you are not required to pay any dischargeable debt and not allowed to keep any non-exempt property. An experienced Massachusetts bankruptcy lawyer can help in your decision on whether to file under Chapter 7 or Chapter 13 as well clarify the legal terminology.

Once you file either type of bankruptcy an "automatic stay" goes into effect which prohibits virtually all creditors from taking any action to collect the debts you owe them. The fact that you filed a bankruptcy can remain on your credit report no longer than 10 years under provisions of the Fair Credit Reporting Act. In Massachusetts, the filing fee is $299.00 for individual, joint or business petitions under Chapter 7 and $274.00 for Chapter 13.

Chapter 7's are usually very fast as court will schedule a creditor's meeting for approximately 30 days after the bankruptcy petition has been filed. This meeting is generally the only "court" appearance you will have to make. In approximately 120 days you will receive your discharge and the final decree a few weeks later. Chapter 13's and 11's take longer. Your attorney can give you a rough estimate of the time involved and fill in the details.

In Massachusetts, if you own your own home and it serves as your principle residence, you may be able to protect it against the claims of creditors and/or a forced sale by filing a Declaration of Homestead. Speak with a qualified bankruptcy attorney in Massachusetts to determine whether this is an option for you should you choose to file bankruptcy.

There are pros and cons as well as many, many complexities that vary case by case. Take the time to consult an experienced, caring bankruptcy lawyer whose office isn't a bankruptcy factory whose clients are processed without regard to their individual needs.