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Posts Tagged ‘debt’

What Is The Difference Between Bankruptcy And Bankruptcy Protection?

Monday, November 8th, 2010

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With the current state of the economy, more are more people are staring to ask a very common question. What is the difference between Bankruptcy and Bankruptcy Protection? This is a very good question, and since more people need to be more educated on the subject, we will be taking a much closer look at bankruptcy in general. If you want to learn more, feel free to read on.

If a person is going to gain an understanding of what the protection type of bankruptcy is all about, they are going to understand why standard bankruptcy really is. This describes the legal declaration, in a court, that a person of business makes when they acknowledge that they have debts that they cannot pay off. The court decides to liquid the filing party’s assets. The filing party then has to start over from scratch.

It is very important to understand that filing under a protection based chapter is somewhat different for several reasons. A person, or company, is still acknowledging debts within a court of law, however they want to find a way to work out arrangements to eventually have said debts paid off. The person or company is not required to go through a waiting period, or start over from scratch.

As we have previously mentioned, both businesses and individuals can file for bankruptcy. They do however, sometimes file under different chapters. This is because different chapters are intended to protect different interests. It is possible for individuals and businesses to file the same chapter however. If both are facing total bankruptcy, they typically file chapter 7.

One thing to keep in mind about chapter 7 is that a business as to cease it’s operations. This is because the chapter is designated for total bankruptcy. The company is acknowledging that they owe fines that they cannot even attempt to work out payment systems for. This is why so many companies try to file for protection chapters instead of total ones.

When a person or business decides to file under some type of protection chapter, they usually have to go with different chapters. A person who wants protection will file under chapter thirteen, while a business that is seeking the same type of thing will typically file under chapter eleven. Businesses file under protection level chapters, more often than individuals do.

No matter what type of filing you are going to be doing, it is quite necessary to have a lawyer assist you. There are many lawyers that specialize in this type of law particularly. They sometimes offer several civil services that are quite commonly needed for average people. They will offer services for not only bankruptcy, but divorce and family law as well.

By now the reader should understand the answer to the question: “What is the difference between Bankruptcy and Bankruptcy Protection?”. Keep in mind that you are going to need to file differently if you are doing it on behalf of a company. Also remember to let a lawyer assist you with every step of the process. Also consider turning to some one for moral support, as this type of thing can be quite taxing on many people.

Bankruptcy is an extremely complex process,if you need help through the process, hire a Toronto bankruptcy trustee

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