Debt Consolidation — Involuntary Bankruptcy
Filing an involuntary bankruptcy- What are the laws?
The biggest concern of a business organization is its finances and the threat of filing bankruptcy when the times are tough. Though it’s always a daunting task to file bankruptcy and go through the hassles of it, most business organizations don’t consider the possibility of the involuntary bankruptcy that is usually started off by the creditors. Though the businesses can easily go for business debt consolidation to repay their creditors or lenders but when they don’t take such wise decisions they meet with disastrous consequences.
When a person or a business owes money to multiple creditors and the creditors request them to file bankruptcy, this process in known as involuntary bankruptcy. This harsh decision is taken by the creditors as they realize that perhaps this is the best way in which they can recuperate the money that the person or the business owes them. The creditor has to file a petition in the court and as soon as this is approved, the bankruptcy will be treated to be a legal requirement for the debtor.
Staying aware of the involuntary bankruptcy laws
Are you even aware of the laws that govern the involuntary bankruptcy? If answered no, here’s help for you. Read on to know some laws related to this process.
• Objecting to an involuntary bankruptcy petition: You need not worry about defending yourself as when you feel that the creditor is trying to impose the involuntary bankruptcy on you, you have the right to file objection to that petition. However, this should be done within 20 days notice. The court will take the last decision after hearing both the case of the debtor and the creditor.
• Requirements of involuntary bankruptcy: The creditors can’t force you into accepting an involuntary bankruptcy. The minimum amount of debt and the minimum number of creditor requirements need to be met in order to file a petition against a debtor. These numbers will vary depending on whether the debtor is an individual or a company.
• Which Chapter is filed in this case: A chapter 13 can’t be filed if the debtor in question is a business organization. There is no other option that can be filed other than Chapter 7 liquidation and this means that the debtor who is forced into involuntary bankruptcy will have all his assets liquidated. Any balance that remains on the debt will be forgiven.
If you’ve not gone through business or individual has received a petition for involuntary bankruptcy as he has not taken any effort to repay his debt through debt consolidation or debt settlement, you can even get help from a lawyer. Let him decide the best way to proceed.
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December 14, 2011 | Posted by admin
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