What Should You Do In Case Of Bankruptcy? Top 6 Pieces of Advice (2024)

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Bankruptcy is a frightening prospect that no one ever hopes they’ll experience.

But if you do find yourself facing the financial consequences of bankruptcy, it’s important to understand what you should do in order to protect yourself and your assets moving forward.

In this blog post, we will break down the key steps you need to take when dealing with bankruptcy, outlining 6 expert tips on getting your finances back on track and paving a way for improvements in future stability.

With only so much time and resources available, it’s essential to act fast – understanding the latest trends in bankruptcies can help guide your decisions going forward.

Now more than ever before, it pays off to be smart about how you approach matters related to business or financing purposes; use this comprehensive advice now as means for avoiding long-term risks in our constantly shifting environment!

Table of Contents

Understand the Different Types of Bankruptcy

There are different types of bankruptcy, each of which offers solutions to varying financial difficulties.

Chapter 7 is a liquidation bankruptcy which involves the sale of assets and the distribution of proceeds to creditors.

It gives the debtor the chance for a fresh start, free from most debt.

On the other hand, Chapter 13 bankruptcy is categorized as debt reorganization where payments may be reduced to a manageable level and creditors are not paid all at once.

Lastly, small businesses may consider Chapter 11 reorganization which allows them to keep essential assets while attempting to work out repayment arrangements with creditors that include some reduction in the balance owed.

Understanding the various types of bankruptcy available will be key when navigating this difficult time for you or your business.

Get Legal Advice from a Bankruptcy Attorney

Filing for bankruptcy can be a complex, multi-step process that may require legal advice from an experienced bankruptcy attorney.

When you’re ready to explore your options, it’s important to find the right attorney for your specific situation – one who understands the federal and state laws surrounding bankruptcy and is familiar with your financial history.

A qualified lawyer will help you understand all of your available paths forward, explain what options are realistic given your particular finances, prepare the necessary paperwork, and work with the courts (if necessary).

Also, if you’re looking for a Bankruptcy Trustee in Edmonton, for example, be sure to conduct research on their experience, fees, and reputation before making a decision.

All of this can make a huge difference in getting back on a healthy financial track. In short, take time to find an attorney who’s going to give you honest advice while providing as streamlined a process as possible.

It’ll be worth every penny.

Take Stock of Your Financial Situation

When facing bankruptcy, the very first step you should take is to get a clear grasp of your financial situation and the options you have available.

To do this, it’s important to make a thorough assessment of what money you have, what debts you owe, and how much each takes out of your budget.

Adding up all assets including real estate, investments, savings, and even items that can be sold or assets someone else may owe you — will show how much liquid money is available.

Develop a Plan to Manage Your Debts

It’s important to take stock of your resources, so that you can prioritize which bills need immediate attention and those that can wait.

You should also explore debt relief options such as credit counseling or negotiating with creditors to establish more manageable payment solutions.

Finally, make sure to develop an emergency fund to cushion against any future financial hardship – this could be through transferring money into savings or into investment accounts with higher returns.

Taking all of these strategies into account will help ensure you have a plan in place so that even during tough times, you remain one step ahead of your debt.

Consider Credit Counseling Services

Filing for bankruptcy can be an overwhelming experience, so it’s essential to take the time to weigh all of your possible options.

One valuable action to consider is seeking the help of credit counseling services.

These organizations are staffed by professionals who specialize in resolving financial issues and debt management, so they’re able to provide impartial guidance and insights on how to best approach your bankruptcy situation.

A certified credit counselor can assess where you currently stand with regards to your finances, and then help you come up with a plan for how best to restructure and rebuild.

Look for Ways to Increase Your Income

One of the most important things to remember during a bankruptcy is that you’ll still have expenses, so finding ways to increase your income can make a world of difference.

Realistically examine any opportunities for additional income, such as taking on extra shifts at your job or getting a second job.

Even if it’s not a lot of money in the immediate future, staying proactive can help ease stress and avoid dire financial straits down the road.

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Bankruptcy is a daunting experience, but understanding the different types, obtaining legal counsel and credit counseling, taking stock of your finances, and pursuing income opportunities can help you manage the process successfully.

Of course, it may not always be easy to stay on top of your bills and debt repayment strategies, so don’t hesitate to reach out for additional support—”What Should You Do In Case Of Bankruptcy”—from trusted financial advisors or institutions.

What Should You Do In Case Of Bankruptcy? Top 6 Pieces of Advice (2024)

FAQs

What is the first essential thing you should do when your bankruptcy has been? ›

The first essential thing you should do when your bankruptcy has been finalized is plan to start rebuilding your credit.

What is one of the 3 main things that trigger a bankruptcy? ›

Bankruptcy is designed to give people a fresh start suffering from financial troubles, and the following three bankruptcy triggers can happen to anyone at anytime:
  • Job Loss. ...
  • Medical Problem. ...
  • Divorce.

What is the most common bankruptcy procedure? ›

The most common types of bankruptcy are chapter 7, which are liquidating bankruptcy, and chapter 13 cases, often used by individuals who want to catch up on past due mortgage or car loan payments and keep their assets.

What is the highest priority in bankruptcy? ›

The order of claims in bankruptcy starts with creditors who provide services or goods after bankruptcy is filed. Post-petition administrative claims—that is, creditors whose claims arose after the debtor filed for bankruptcy, for the actual and necessary costs of preserving the estate—usually have first priority.

How do I prepare myself for bankruptcy? ›

Table of contents:
  1. Consult a bankruptcy attorney.
  2. Get your financial documents in order.
  3. Understand your debt and settle on a course of action.
  4. Complete the credit counseling course.
  5. Fill out bankruptcy forms.
  6. File bankruptcy forms in court.
  7. Mail documents to your court-appointed trustee.
  8. Attend the '341 Meeting' of creditors.
Mar 26, 2024

What are the five steps in bankruptcy? ›

  • Step 1: Find a Good Attorney. First, it's important that you find an attorney who is experienced with bankruptcy law. ...
  • Step 2: Conduct a Bankruptcy Counseling Session. ...
  • Step 3: Filing for Bankruptcy With the Court. ...
  • Step 4: Liquidation or Repayment. ...
  • Step 5: Complete a Debtor Education Course. ...
  • Step 6: Debt Discharge.
Aug 17, 2019

What's the catch with bankruptcy? ›

In the long run, bankruptcy will remain on your credit report for seven or 10 years, depending on the type of bankruptcy. That can make it difficult to obtain a credit card, car loan, or mortgage in the future.

What is the first step to avoid bankruptcy? ›

Take Inventory of Your Debt

Your first order of business to avoid bankruptcy is to get a clear understanding of exactly what you owe. Start by writing out all your debts. For each debt you owe, list the following: Total balance.

What is the most common form of bankruptcy protection? ›

Chapter 7 and Chapter 13 bankruptcy are the most commonly filed types of bankruptcy, likely because they're available to individuals. Other types of bankruptcy apply to businesses, individuals and other entities.

How do I get the most out of bankruptcy? ›

  1. Save all paperwork from your bankruptcy case. Though it may not seem like a critical step, save all paperwork from your bankruptcy case. ...
  2. Start saving money. ...
  3. Build a budget. ...
  4. Reestablish good credit. ...
  5. Regularly monitor your credit reports. ...
  6. Maintain your job and home. ...
  7. Make an emergency fund. ...
  8. Set financial goals.
Dec 5, 2023

Is it cheaper to file Chapter 7 or 13? ›

What Is the Cheapest Type of Bankruptcy? Not only are the fees of Chapter 7 bankruptcy lower, but you also end up paying less to your creditors. While Chapter 7 only requires that you pay the value of your liquidated assets, a Chapter 13 bankruptcy could result in you paying far more over three to five years.

What is the order of priority in bankruptcy? ›

11 procedures, Creditors—holders of bankruptcy claims—are categorized into the following classes, ranked from the highest priority to lowest:
  • Secured Claims.
  • Unsecured Priority Claims.
  • Unsecured Non-Priority Claims (General Unsecured)
  • Equity Security Interests.

What is the absolute priority rule in bankruptcy? ›

Under the Absolute Priority Rule, for a Chapter 11 plan to be confirmable, claims of a higher priority must be paid in full in order for lower priority claims to receive any recovery, and all creditors must be paid in full in order for equity interest holders to retain any interest in the debtor, or receive any ...

Who gets paid first in the case of liquidation? ›

Secured creditors are paid first as they are usually those who have security over some or all of the company assets.

Who should bear the losses in bankruptcy? ›

Bankruptcy First

In the context of a distressed financial firm, a successful bankruptcy requires imposing losses on those who contracted to bear the risks of a firm's failure—its shareholders, executives, and creditors—without causing a destabilizing ripple effect on the broader U.S. economy.

How do I start fresh after bankruptcy? ›

SHARE:
  1. Save all paperwork from your bankruptcy case.
  2. Start saving money.
  3. Build a budget.
  4. Reestablish good credit.
  5. Regularly monitor your credit reports.
  6. Maintain your job and home.
  7. Make an emergency fund.
  8. Set financial goals.
Dec 5, 2023

What are three things that don t go away after you file for bankruptcy? ›

Tax debt, alimony, spousal or child support and student loans are all typically ineligible for discharge. If your debt isn't able to be discharged, it's either due to the type of bankruptcy you're pursuing or because Congress has ruled it ineligible.

What do I do after my bankruptcy is discharged? ›

Start rebuilding your credit after your bankruptcy case. One of the biggest mistakes you can make is waiting too long to rebuild your credit. There is no reason to wait 1 or 2 years to start rebuilding your credit. Once you receive a discharge, open a secured credit card and start establishing a payment history.

How to rebuild credit fast after Chapter 7? ›

Quick Answer

You can rebuild your credit after bankruptcy in several ways, including applying for a secured card, getting a credit-builder loan and becoming an authorized user on a credit card.

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