Blogs
KCRA has New Biden plan cuts student loan payments for millions to $0. Will it be the next legal battle?https://www.kcra.com/article/biden-new-student-loan-payment-plan-explain...
Jim Shenwick, Esq 917 363 3391 [email protected]
Please click the link to schedule a telephone call with me.
https://calendly.com/james-shenwick/15min
We held individuals & businesses with too much debt!
Teamsters says U.S. trucking firm Yellow shuts operations, to file for Bankruptcy. The article can be found at https://www.cnbc.com/2023/07/31/teamsters-says-us-trucking-firm-yellow-s...
Jim Shenwick, Esq 917 363 3391 [email protected] Please click the link to schedule a telephone call with me. https://calendly.com/james-shenwick/15minWe held individuals & businesses with too much debt!
'I feel abandoned' — businesses warn of bankruptcy as deadline to pay back COVID loans looms
Nearly 250,000 small businesses who received CEBA loans are in danger of shutting down, says CFIB
The article can be found at:
https://financialpost.com/news/economy/businesses-fear-bankruptcy-ceba-deadline-looms
Jim Shenwick, Esq 917 363 3391 [email protected]
Please click the link to schedule a telephone call with me.
https://calendly.com/james-shenwick/15min
We held individuals & businesses with too much debt!
Considering filing bankruptcy? Know the different types of Bankruptcy
Unexpected events may have hindered loan or credit card payments. If you want to eliminate debt and start over financially, consider bankruptcy. What are the types of bankruptcy? Can I file bankruptcy? When considering ways to avoid losing your hard-earned possessions to creditors, several questions may come to mind.
Sometimes bankruptcy seems like the only option. Even though you may feel imprisoned and terrified, bankruptcy is a serious decision. Understand bankruptcy and its several types to make the best decision for your situation.
If you’re in over your head in debt, let Northwest Debt Relief Law Firm help. We are a different kind of Law Firm where our clients get the complete legal services they deserve. Since we believe everyone deserves a fresh start, we will do our utmost to help you restore financial control. Our Portland, OR, bankruptcy lawyers always strive for the best results. Schedule a free debt consultation now!
What is Bankruptcy?
Bankruptcy helps people and corporations get out of debt. Federal courts manage it under the US Bankruptcy Code. Chapter 7 of the Bankruptcy Code serves as a classification for bankruptcy.
Bankruptcy can eliminate or restructure debt. The debtor petitions the bankruptcy court to start a bankruptcy case. Individuals, spouses, corporations, and other entities can petition.
What are the eligibility requirements for filing for Bankruptcy?
To be eligible for bankruptcy, there are certain requirements that must be met, which vary depending on the type of bankruptcy being filed. Here are some of the general eligibility requirements for filing for bankruptcy:
- You must be a natural person, a partnership, or a corporation or other business entity.
- You must have property in the United States or a permanent residence or business here.
- You must not have filed for bankruptcy within a certain period, which varies depending on the type of bankruptcy.
- You must not be attempting to defraud creditors.
- You must complete credit counseling with an approved credit counseling agency, either in an individual or group briefing, within 180 days before filing.
- You must meet certain income guidelines before being able to move forward with the process.
- If you are filing for Chapter 7 bankruptcy, you must pass the “means test” to determine your disposable income. If your income is less than or equal to the median, the law presumes that you are eligible for Chapter 7 bankruptcy. If your income is higher than the median, however, you may still be eligible for Chapter 13 bankruptcy.
- Your unsecured debts (such as credit cards and medical bills) must be less than a certain amount, which varies depending on the type of bankruptcy.
What are the Types of Bankruptcy?
The U.S. Bankruptcy Code governs all bankruptcy matters in federal courts. It categorizes bankruptcy types by chapter.
- Chapter 7: A type of bankruptcy designed for people and corporations with few assets and sources of income. A trustee appointed by the court sells non-exempt assets in this kind of bankruptcy to pay creditors. The filer may be ineligible for Chapter 7 bankruptcy if their income falls above a certain level. The Means Test and Income Limits for Chapter 7 can determine eligibility.
A bankruptcy court can legitimately erase most unsecured debt, including credit card debt, medical expenses, and personal loans, in Chapter 7 bankruptcy. It is the fastest, easiest, and most common type of bankruptcy.
- Chapter 11: Chapter 11 “reorganization” bankruptcy permits firms and individuals to rearrange their debts and assets while continuing operations. Chapter 11 bankruptcy is available to all businesses—corporations, partnerships, and sole proprietorships—and people, but corporations utilize it most often.
- Chapter 13: It is a bankruptcy for people with steady incomes, who have enough extra money to design a repayment plan to pay off their debts. It can be paid partially or fully over a three- to five-year period. While the debtor keeps their assets, they are still required to repay creditors according to the court-approved repayment plan.
This type of bankruptcy is ideal for people who are behind on secured debts but want to retain the collateral. To take advantage of this program, debtors must meet a few qualifications.
- Chapter 12: Chapter 12 covers regular annual income for family farmers and fishermen. This bankruptcy lets them create and implement a repayment plan. In Chapter 12, the debtor suggests a three- to five-year payback schedule.
- Chapter 9: Chapter 9 bankruptcy is a type of bankruptcy that applies specifically to municipalities, such as cities, counties, townships, municipal utilities, taxing districts, and school districts. It provides financially distressed municipalities with protection from creditors by creating a plan between the municipality and its creditors to resolve the outstanding debt.
- Chapter 15: Chapter 15 bankruptcy, established in 2005, allows U.S. courts to cooperate with international courts in foreign bankruptcy procedures involving U.S. financial interests. It addresses cross-border insolvency matters and promotes cooperation between foreign courts, representatives, debtors, and creditors. Chapter 15 bankruptcy is based on the Model Law on Cross-Border Insolvency promulgated by the United Nations Commission on International Trade Law (UNCITRAL).
How do I file for Bankruptcy?
Consult a bankruptcy attorney or credit counseling service before filing for bankruptcy, as it can be complicated. However, the bankruptcy process is as follows:
- Consider all your options: It’s crucial to consider all your options before filing for bankruptcy.
- Choose the type of bankruptcy filing: Choose your bankruptcy chapter. Chapter 7 is for those who wish to erase their debts, whereas Chapter 13 is for those with a regular income who want to repay.
- Complete credit counseling: Credit counseling from an approved provider is usually required before bankruptcy. This course covers budgeting, credit, and bankruptcy alternatives.
- Fill out bankruptcy forms: Bankruptcy courts require petitions, schedules, and statements. These forms disclose your assets, obligations, income, and expenses.
- File bankruptcy forms in court: Your local bankruptcy court must receive the completed forms. Some filing fees may be waived or paid in installments.
- Attend the meeting of creditors: Attend a 341 meeting of creditors after filing. This gathering lets creditors and trustees ask financial inquiries.
- Follow the court’s instructions: You must follow the court’s orders, present needed documents, and work with your trustee during bankruptcy.
Consult our bankruptcy attorneys today!
For more information about the advantages and disadvantages of each bankruptcy chapter and how they may affect your business or your personal estate, you should consult with a lawyer who specializes in this field. A specialist will help you make the best decision based on your requirements.
We at Northwest Debt Relief Law Firm offer a thorough and highly-tailored answer to your debt issues. Our Portland, Oregon, bankruptcy lawyers are committed to giving you the best outcomes possible. We also provide legal assistance in rebuilding your credit score after bankruptcy. Speak with our bankruptcy lawyer in Oregon right away to have peace of mind!
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The New York Post is reporting that IRS will stop showing up at homes unannounced in
effort to protect agents, combat scammers.The article can be found at https://nypost.com/2023/07/24/irs-ending-policy-of-unannounced-home-visits-by-agents?utm_source=gmail&utm_campaign=android_nyp
Jim Shenwick, Esq 917 363 3391 [email protected] Please click the link to schedule a telephone call with me. https://calendly.com/james-shenwick/15minWe held individuals & businesses with too much debt!
Yahoo Finance published an article discussing the potential default of $500 billion in corporate debt. The article indicates that large corporate bankruptcies are accumulating at the second-fastest rate since 2008, surpassed only by the initial phase of the pandemic. The article can be found at https://uk.finance.yahoo.com/news/500-billion-corporate-debt-storm-230005895.html?guccounter=1
Jim Shenwick, Esq 917 363 3391 [email protected] Please click the link to schedule a telephone call with me. https://calendly.com/james-shenwick/15minWe held individuals & businesses with too much debt!
More than 800,000 borrowers are still eligible to benefit from student loan forgiveness according to NPR. The story can be found at https://www.npr.org/2023/07/15/1187929868/more-than-800-000-borrowers-are-still-eligible-to-benefit-from-student-loan-forg
Jim Shenwick, Esq 917 363 3391 [email protected] Please click the link to schedule a telephone call with me. https://calendly.com/james-shenwick/15minWe held individuals & businesses with too much debt!
By Law Offices of David M. Siegel Bankruptcy Attorney Chicago Feeling like you’re sinking in a sea of debt, juggling bills, and losing sleep over your financial situation? It might be time to consider seeking help from a local bankruptcy attorney. Here are five signs that it’s time to take action. Skyrocketing Credit Card Balance+ Click Here For Read More
The post 5 Signs You Need to Find a Local Bankruptcy Attorney appeared first on David M. Siegel.
RBC Royal Bank has an article about the "5 Common Causes of Small Business Bankruptcy " The article can be found at https://discover.rbcroyalbank.com/5-common-causes-of-small-business-bankruptcy/
Common causes cited by business owners for experiencing critical money issues:1. Unforeseen events and economic downturnsBusiness owners can’t predict or control external events — like natural disasters, economic recessions or pandemics, but these can devastate a business. Part of your business plan should include scenario planning — envisioning possible conditions that could affect your business and how you might be able to mitigate them.One option to consider is maintaining an emergency fund to help weather the storm during challenging times. Set aside a portion of your profits as an emergency fund to provide a financial buffer in case of unexpected expenses or downturns. This fund can help you bridge temporary gaps and avoid accumulating debt.2. Illness, injury, or health-related problemsAs an entrepreneur, no one can step in and do everything you do if you can’t work. And for many small business owners, if they can’t work, the business doesn’t make money. It’s important to have a plan in place to help minimize the impact of illness on your company. If you can still work, evaluate what you can do safely. Still, if you can’t, your contingency plan should include the necessary information so that someone you trust can run your business temporarily or communicate with stakeholders about the temporary disruption.3. Insufficient cash flowPicture this: your business is thriving, sales are soaring, and your products or services are in high demand. However, despite the apparent success, inadequate cash flow can swiftly bring down even the most promising ventures. Keeping a close eye on your finances and maintaining a healthy cash flow is crucial.Implement effective cash flow management strategies such as invoicing promptly, offering incentives for early payments, and negotiating favourable payment terms with suppliers.4. Gaps in financial management knowledgeManaging a business entails more than passion. With everything a business owner has to do, it’s possible to deprioritize tracking expenses, chasing payments, or even overall budgeting. Over time these can add up and produce can lead to severe financial distress.Consider working with a qualified accountant, financial advisor, or business consultant who can provide guidance on financial matters, tax planning, and overall business operations. They can also help you identify potential risks and opportunities.5. Excessive debt and borrowingDebt can be a useful tool for business growth, but excessive borrowing can create a financial burden that later becomes impossible to manage. Part of your business plan includes financing your enterprise: Before taking on debt assess your ability to repay it and develop a realistic repayment plan. Also, consider diversifying your funding sources — bank loans, grants, crowdfunding, etc. — to help provide additional support and reduce the risk of relying solely on debt to finance your business.Running a successful business requires careful planning, financial insights, adaptability, and resilience. You can steer your business toward long-term success by staying aware of how businesses get into financial trouble and by taking proactive measures to mitigate risks.
Jim Shenwick, Esq 917 363 3391 [email protected] Please click the link to schedule a telephone call with me. https://calendly.com/james-shenwick/15minWe held individuals & businesses with too much debt!
Business Bankruptcies Pick Up AgainCFO Drive is reporting that Business Bankruptcies have increased. The story can be found at https://www.cfodive.com/news/business-bankruptcies-pick-up-again/686049/
Jim Shenwick, Esq 917 363 3391 [email protected] Please click the link to schedule a telephone call with me.https://calendly.com/james-shenwick/15minWe held individuals & businesses with too much debt!