Entrepreneurship is a much-vaunted professional angle, supposedly offering the freedom of self-employment and unrestricted earning potential. However, some businesses do not survive, and in that instance there are legal procedures available to indebted businesspeople. Bankruptcy attorneys in Los Angeles County are able to provide advice and assistance.
The law in the state of California allows several possibilities to a business enterprise that is no longer economically functional. If this description applies to your company, you should speak to liquidation lawyers about the best way to handle your existing liabilities.
A Chapter 7 discharge (also known as liquidation) is obtained where the indebted enterprise or person is able to prove that they cannot possibly pay their debts in the next three to five years. The debts are then entirely unenforceable. This procedure does not apply to secured debts, outstanding tax, educational credit, child maintenance and divorce settlements (alimony). It is only available to someone once in an eight-year period.
Should the indebted party, in fact, be able to meet their liabilities in the following three to five years, they can still pursue Chapter 13. This option brings about the obligation to partly or entirely pay the debts in line with what the debtor has the ability to afford. It may be sought if the bankrupt entity is attempting to hold onto their most important assets, such as their residential premises.
Chapter 11 is usually resorted to by companies. It allows them to continue operating, but only insofar as their creditors have accepted their strategy to meet existing liabilities. This option assumes that the indebted business is still capable of generating revenue and has a financial future, so where the company has failed entirely it is not applicable.
Bankruptcy is not a desirable situation. It is typically associated with financial loss and ruin or unemployment. However, appropriate legal guidance can make this difficult event easier to work through.
The law in the state of California allows several possibilities to a business enterprise that is no longer economically functional. If this description applies to your company, you should speak to liquidation lawyers about the best way to handle your existing liabilities.
A Chapter 7 discharge (also known as liquidation) is obtained where the indebted enterprise or person is able to prove that they cannot possibly pay their debts in the next three to five years. The debts are then entirely unenforceable. This procedure does not apply to secured debts, outstanding tax, educational credit, child maintenance and divorce settlements (alimony). It is only available to someone once in an eight-year period.
Should the indebted party, in fact, be able to meet their liabilities in the following three to five years, they can still pursue Chapter 13. This option brings about the obligation to partly or entirely pay the debts in line with what the debtor has the ability to afford. It may be sought if the bankrupt entity is attempting to hold onto their most important assets, such as their residential premises.
Chapter 11 is usually resorted to by companies. It allows them to continue operating, but only insofar as their creditors have accepted their strategy to meet existing liabilities. This option assumes that the indebted business is still capable of generating revenue and has a financial future, so where the company has failed entirely it is not applicable.
Bankruptcy is not a desirable situation. It is typically associated with financial loss and ruin or unemployment. However, appropriate legal guidance can make this difficult event easier to work through.
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