Family Law
    Bankruptcy
    International Law
 
  Name 
 
  Email
 
  Phone
 
  Interested in
 
   
All Fields are required
 
 
 
 
 
 
  
Home > Bankruptcy Law > The basics of Bankruptcy
The basics of Bankruptcy The basics of Bankruptcy

Chapter 7 Bankruptcy, Chapter 11 Bankruptcy, Chapter 13 Bankruptcy

SMITH & GARG, LLC, LONG BEACH BANKRUPTCY ATTORNEYS, LOS ANGELES BANKRUPTCY ATTORNEYS, ORANGE COUNTY BANKRUPTCY LAWYERS, CALIFORNIA BANKRUPTCY LAWYER


The "debtor" is the person who owes debts. "Creditors" are the people that the debtors owe money to. The Bankruptcy Code is a creation of federal law, and is statutory in nature. This judicially supervised process involves a reorganization or liquidation of the debtor's assets and property, which is called "the bankruptcy estate", and will typically relieve the debtor of a substantial portion of his debts, which is called "discharge". Due to the fact that Bankruptcy is a product of federal law, bankruptcies are filed in federal court to maintain consistency all over the U.S. However, even though, Bankruptcy Law is for the most part uniform throughout the U.S., certain aspects will slightly vary from state to state, like for example what exemptions are allowable. In order to properly protect yourself, you should contact the Long Beach, Orange County, Los Angeles Bankruptcy attorneys at Smith & Garg to find out what the local allowable exemptions are. Most bankruptcies are filed voluntarily by the debtor. In very rare circumstances, creditors are allowed to file for what is called an "involuntary bankruptcy" against the debtor, but can only do so when there are more than three creditors petitioning, whose combined debts equal at least ten thousand dollars ($10,000).

There are two basic types of debt-secured and unsecured. A secured debt is one such as a car loan or mortgage where payment of the debt is "secured" by collateral and imposes a lien on the property. In the event of a default in payment, the debt holder can repossess or foreclose on the property or collateral. Unsecured debts are obligations such as credit cards and some charge accounts and are not secured by any collateral. They are essentially secured only by the debtor's promise to pay. If the bankrupt estate is comprised only of non-exempt property, it is referred to as a "no asset" case which means that after the payment of the filing fees and administrative expenses, there will be no funds left with which to pay any creditors. The unsecured debt is discharged by order of the bankruptcy court which means it does not have to be repaid.



 
The creditor is forbidden to make any attempt to collect a debt that has been discharged by the bankruptcy court. In some limited circumstances, the creditor may file suit in the bankruptcy court to oppose the discharge of a certain debt. If the creditor can prove that the debtor did not have the means to repay the debt at the time it was incurred, the court may not grant a discharge as to that debt. If the creditor is successful in this effort, it may also recover attorney's fees and costs expended in the litigation.

In reality, even if the discharge is denied and the debtor has no non-exempt property that can be seized to pay the debt, the creditor has only a judgment that cannot be collected. Most will not expend several thousand dollars in attorney's fees if there is not a reasonable chance of collecting.


Contact us today for a consultation.