Saturday, July 6, 2013

Bankruptcy - Legal Implications


In the present complex world of Finance and Industry, bankruptcy is one of the most commonplace terms that are closely associated with insolvent companies. The term "Bankruptcy" is essentially used for large corporate houses, small business ventures or even individuals having outstanding loans accruing over a period of time including an equally very high interest that are legitimately to be paid to creditors over a stipulated period. Bankruptcy can easily be depicted as a legal proceeding in a court of law where the assets of the debtor are liquidated in order to provide a relief to the debtor from any further liability to their creditors and to arrange payment of debts from the limited resources of the debtor.

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Causes of Bankruptcy

There are a large number of companies picking up huge loans at higher rates of interest from companies offering loans, creditors or financial institutions with a view to expand their business potential. In the present day scenario, it is a normal practice that it is not only the companies that take up loans, rather individuals also approach financial institutions for personal loans. The inability of these large companies to repay their loans results in the company becoming bankruptcy or insolvent. One of the major factors that often result in bankruptcy is the grim economic situation of the country and the impending recession.

Bankruptcy Laws

The repercussions of these laws on the company or an individual are extremely strenuous. Once the creditors become aware about the insolvency of the company, they file a legal suit against the debtor claiming repayment of their loans by the debtor. One of the first steps of the laws of bankruptcy is that the assets of the debtor are liquidated to pay off the creditors.

Professional Assistance

In a normal situation, a company files for bankruptcy prior to declaring themselves bankrupt due to insurmountable loan amounts that have accrued along with the interest. It is always in the interest of the debtor that he consults a legal practitioner and seeks his assistance on the prevalent laws of bankruptcy or obtains appropriate credit counseling from an organization approved by the government at least six months prior to applying for filing for a bankruptcy protection in a designated court of law.

There is no dearth of solicitors and lawyers around the country who offer their professional services to help a bankrupt company to tide over their financial crisis. These professional attorneys assist their clients in working out their loans and helping them with the settlement of their outstanding debts in an orderly manner, thereby securing their clients' financial future and consolidating their financial resources. However, it would be prudent for people who are plagued with debts to check on the credentials and reliability of the attorneys filing their petition before entrusting them with the assignment since this work involves a lot of secrecy and confidential information being handed over the attorneys.


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