BankruptcyA lawyer is necessary when filing for Chapter 11 bankruptcy because the debtor needs to ensure that all documents are completed and filed in a timely manner. Filing Chapter 11 is more complex, expensive and time consuming than other bankruptcies so a lawyer would be able to advise when further steps should be taken and also ensure that the debtor’s rights are protected and there is no loss of property.

A Chapter 11 bankruptcy is an option usually favored by corporations or individuals who wish to have some control in reorganizing their debts and settling with creditors over time. In some cases, the debtor may be named as a debtor in possession, even though all actions are subject to the rulings of the court. In other cases, a court appointed trustee will manage the estate and make decisions. A chapter 11 bankruptcy lawyer would better advise a client on the best decision to make on this matter.

The importance of a lawyer is heightened when the following schedules need to be filed, initially: schedules of liabilities and assets, the current expenditures and incomes, executory contracts and leases that have not expired; and a financial affairs statement. Some debtors, mainly individuals, must also file: evidence of credit counseling, enrollment in a debt repayment plan, the salary received within 60 days prior to filing bankruptcy; a monthly net income statement and any increase in expenses or incomes  post filing, as well as a record of any funds owed to state or federal tuition accounts. The courts require different information from debtors and this can be very confusing, which is another reason why a lawyer is necessary when filing for Chapter 11 bankruptcy.

Due to the complexity of Chapter 11 filing, there are times when the process can seem never-ending and a lawyer will ensure that the case is settled with a timely resolution. At the end of the day, while it may seem less costly to figure out what papers need to be filed on your own, it will make this difficult time less stressful if a lawyer is retained.

 

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How will bankruptcy affect my bank account?

How will bankruptcy affect my bank account?

Bankruptcy officially begins once a Bankruptcy Order is made. At that stage, your assets become the responsibility of the Official Receiver. When the Order is made, the Insolvency Service says you must stop using your cheque books and bank cards and hand them over to the Official Receiver, unless you only use that account for day-to-day living expenses.

Your main bank account may be frozen, in which case you’d need an alternative account for your income as well as your standing orders and Direct Debits, otherwise you could struggle. You might qualify for a bank account designed for bankrupts from an alternative provider, depending on your residential status and age.

Don’t try to open another bank account before the Bankruptcy Order is made, because it could be frozen along with the others. It’s a temporary inconvenience, but you should be able to apply for another bank account once your bankruptcy is in progress.

Bankruptcy has a massive impact on your credit rating, which could make getting a bank account difficult (because most banks will carry out a credit check when you apply). You could apply for a basic bank account, because those accounts don’t tend to come with such a strict credit check.

Any money you have in your account when it’s frozen is considered an ‘asset’ that could be paid to your lenders. However, the Official Receiver may ask the bank to release some of this money to you if you need it for essential living expenses, etc.

If your bank was overdrawn when it was frozen, the balance is another debt that’s added to your bankruptcy debts.

If you have a joint bank account with a partner, your partner’s credit rating could be affected by your bankruptcy. Your joint account would be frozen when the Bankruptcy Order is made. The bank could even ask your partner to pay any money that you collectively owe.

If you do have a joint bank account and you know you’re going bankrupt in the future, you might like to know that it’s still possible to open a joint bank account following the Bankruptcy Order and even during the process of bankruptcy – i.e. when you’re undischarged.

 

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