The Facts Behind Bankruptcy
Bankruptcy is a legally declared inability or impairment of ability of an individual or organizations to pay their creditors. It allows debtors to be discharged from the legal obligation to pay most debts by submitting their non-exempt assets, if any, to the jurisdiction of the bankruptcy court for eventual distribution among their creditors.
Bankruptcy is listed in the top 5 life-altering negative events that we can go through, along with divorce, severe illness, disability, and loss of a loved one. Bankruptcy isn't permanent, so you may choose it as a way of clearing your debts and making a fresh start. Filing for bankruptcy is the worst 'negative' you can have on your credit report and it can affect your credit history for years. Causing you all sorts of problems when
Bankruptcy protects you from your creditors and allows you to start afresh, but you need to think very carefully about all the implications it will have. Before declaring bankruptcy, spend some time to thoroughly investigate what alternatives and options might be available to you. You may also have to go to court and explain why you're in debt.
For example in recent years the UK Government have introduced the IVA (Individual Voluntary Arrangement), which is an alternative to Bankruptcy. And even more recently the Government is trying to introduce a simplified version of the IVA called the Simple IVA or SIVA.
Debtors seeking to erase all debts will now have to wait eight years from their last bankruptcy before they can file again. In the United Kingdom (UK), bankruptcy (in a strict legal sense) relates only to individuals and partnerships. And all debtors will have to get credit counseling before they can file a bankruptcy case.
A bankruptcy case is initiated by the filing of a petition, which contains the Debtor's financial information. Keep in mind that personal bankruptcy and business, corporation, or limited liability partnership bankruptcy all carry different requirements and also require different actions and filings from you.
Bankruptcy allows debtors to be discharged from the legal obligation to pay most debts by submitting their non-exempt assets, if any, to the jurisdiction of the bankruptcy court for eventual distribution among their creditors. A court can declare you bankrupt by issuing a 'bankruptcy order' after it's been presented with a 'bankruptcy petition'. You can obtain a form (a debtor's petition) from your local county court for £150 plus a £310 deposit. Bankruptcy petitions are normally presented in the High Court in London or at a county court near where you live or trade (although not all deal with bankruptcy petitions).
Sometimes even with the best of intentions, the declaration of bankruptcy is unavoidable.
If you're thinking about declaring yourself bankrupt or you're being threatened with bankruptcy, it's important to seek independent advice.
Paul Hockney is an online debt expert who provides
IVA Debt Solution advice and help.
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