Bankruptcy is a specific legal process, which allows businesses to resolve debt, thereby stopping lawsuits, repossessions, and foreclosures. The process may extend the time allowed to pay bills, stop harassment by creditors, and clear debt. There are two distinct classifications, Personal Bankruptcy and Business Bankruptcy.
Mr. Desrochers has handled over 1000 Massachusetts personal bankruptcy cases. This includes Chapter 7, Chapter 13 and Chapter 11 cases.
PERSONAL (CONSUMER) BANKRUPTCY
This classification of bankruptcy is appropriate for individuals. It may be used to temporarily halt debt collections for a specific time period, or it may be used to resolve a financial situation that is deemed hopeless. The two common forms of personal bankruptcy are Chapter 7 and Chapter 13.
Chapter 7 Personal Bankruptcy
This is known as the “Fresh Start” form of Bankruptcy, as it eliminates debt. It is the more favorable form of Personal Bankruptcy, because it relieves the individual of the responsibility to repay existing debts. When the process is complete, you owe nothing, and do not have to repay at any point. However, you must meet very specific criteria in order to qualify for Chapter 7 Bankruptcy.
Chapter 13 Personal Bankruptcy
This is known as the “Wage-Earner's” form of Personal Bankruptcy. It does not absolve all debt, or require the liquidation of assets. The total amount of debt is reduced, and the courts determine a schedule of repayment. The remainder of the debt is cleared if all repayments are made according to court orders. Although Chapter 13 can be a wise decision in select cases, very often it is not in the best interest of the individual. Our firm will analyze the details of your situation in depth before recommending the most beneficial solution to your financial problems.
Partnerships, LLCs (Limited Liability Companies), and corporations are considered individual entities under the law, with finances separate from those of the individual shareholders. These types of businesses are eligible to file Chapter 7 Bankruptcy or Chapter 13 Bankruptcy. However, a proprietorship is not eligible to file bankruptcy as a business. Instead, the proprietor must file as an individual, and the courts treat the business as an asset of that person. The proprietor may be eligible to file under Chapter 7 Bankruptcy, Chapter 11 Bankruptcy, or Chapter 13 Bankruptcy.
The term Debtor Workout refers to a specific process that our firm implements in order to contest the validity of your outstanding debts, ultimately leading to a settlement with the creditor. Typically, the agreement includes substantial reductions in the totals owed to creditors, as well as a reasonable payment plan that fits within your budget. The payment plan is determined according to your income, and a plan will not be approved unless the payments can be made on schedule without causing you to experience financial hardship. You can contact our firm to arrange a no obligation, no charge consultation with one of our counselors. We will be happy to answer your questions regarding Debt Consolidation, Foreclosure, or Bankruptcy.