There are certain types of legal representation that deal specifically with the financial struggles of a person or company. They are trained and certified in handling the re-organization of overwhelming debt, and they are known as bankruptcy lawyers. The majority of these filings in the United States are cases organized under Chapter 7 since this is the fastest and less complex form available. This type accounts for approximately 65% of consumer filings.
Bankruptcy lawyers advise and council their clients through the legal proceedings and paperwork associated with filing a Chapter 7 bankruptcy.
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It is important that the debtors file their eligibility paperwork at the proper time, and that all the particular requirements for qualification are fulfilled. The specially-appointed attorneys assist their clients in these matters, as well as protect their rights throughout this process. They also help ensure that their clients' assets are protected if applicable to the situation.
Chapter 7 is referred to as basic liquidation for a person or business. This is also known as straight bankruptcy, and can be quite a relief to a struggling family or business needing a fresh financial start. A debtor filing under this act will be required to liquidate their non-exempt properties (with the assistance of a bankruptcy attorney) in order to distribute the money to specific creditors.
The debtor is then relieved of a certain amount of debt not including the following: child support, spousal support, student loans, property taxes, and certain taxes that cannot be discharged by federal law (especially in case of a tax debt that is less than three years old.) This type of liquidation process is only available to individuals or businesses once time in every period of eight years.
In the case of a business filing for Chapter 7, the security of the job positions of the people employed by the company is largely dependent on the distribution of the company's assets to the creditors. If the business is extensive and can be divided into separate entities, these are sometimes sold to other large companies during the liquidation process.
During this time, the business will either close completely, be temporarily closed, or kept open and running if the appointed Chapter 7 Trustee (appointed by United States Congress) continues the business. An experienced lawyer will typically inform the business owner of the guidelines and counsel him or her in the legal decisions involved with such a process.
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