You have the opportunity for a fresh start financially, thanks to the United States Constitution, the Supreme Court, and amendments by the U.S. Congress. Essentially, you can pursue a process under Federal and local rules that can remove the roadblocks of preexisting debt and obtain protection under Federal law known as the Bankruptcy Code. Although it sounds simple, bankruptcy laws and the processes are quite complex. This is further complicated with the number of decision makers that influence the outcome of bankruptcy cases. When time is a critical factor, Kansas City Accident Injury Attorneys can help you expedite the process and establish a new pathway for personal or business viability. Call James Roswold for a free consultation at 816-471-5111.
Under the Bankruptcy Code enacted by Congress in 1978, cases fall under six basic categories. Our firm can help you determine the category of your case, and file accordingly. These include:
· Chapter 7 – Commonly referred to as “no-asset cases,” this type of bankruptcy can involve liquidation of the estate and distribution to creditors. It can also include a discharge release for the individual removing them from some debt liability.
· Chapter 9 – Only municipalities may file under this type of bankruptcy for reorganization of debt. This covers towns, counties, utilities, cities, and even school districts.
· Chapter 11 – This category of bankruptcy is commonly used by commercial enterprises, and can allow continued operations under an approved reorganization plan including debt repayment.
· Chapter 12 – Family farmers or fishermen who have a regular annual income may file for debt relief under this filing. Under an approved plan, with a trustee, the debtor may continue to operate their business.
· Chapter 13 – An individual with a regular income may file for this type of bankruptcy. It allows them to retain valuable assets like their home, and involves an approved repayment plan.
· Chapter 15 – This is a more complicated bankruptcy category because it can involve debt and/or property on both U.S. and foreign soil. In addition to Chapter 15, our firm also can employ protection for military personnel under the Servicemember’s Civil Relief Act., as well as other Federal laws that can address investors’ assets with failed brokerages.
Aside from the complexity of laws, interpretation and judgments by array of decision makers can hamper the process. Here is an overview.
· For each judicial district in the U.S., there is a bankruptcy court.
· Each of the 50 states has at least one district. Sometimes there are more.
· There are 90 bankruptcy districts in the U.S.
· There is one U.S. bankruptcy judge that is over U.S. bankruptcy cases.
· Trustees can be appointed to execute the administrative processes of certain cases.
Your fresh start and protection begins with us. Call James Roswold for a free consultation with the Kansas City Accident Injury Attorneys at: 816-471-5111.