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2017/02/04

Helped By A Bankruptcy Attorney Washington DC Businesses In Trouble May Yet Survive

By Diane Sanders


Every year an increasing number of people find themselves in a situation so dire that they are no longer able to honour their financial commitments. There are many reasons for this trend. The economy is shaky, businesses are laying off people and many people simply live beyond their means. In some severe cases insolvency may turn out to be the only solution. Helped by a bankruptcy attorney Washington DC citizens can find relief from the courts.

The courts do not deal with insolvency applications in terms of chapters 13 and 7 quickly or flippantly. Before such an application can be approved the courts need to now that the applicant is indeed in dire straits. The entire process is complicated and often prolonged. The very best course of action is to get a lawyer that specialize in insolvencies.

Anyone thinking that once they apply for liquidation all their immediate financial problems will disappear. This is certainly not true. The aim of the court is to do everything possible to make sure that the claimants are paid what they are owed. The court does not focus on the needs of the applicant, but rather on those in danger of suffering financially due to the way the applicant conducted his financial affairs.

Once an application has been taken under consideration by the court, a trustee will be appointed. The trustee will immediately attach all the assets of the applicant. These will be sold on auction to ensure that claimants are paid at least a part of the money owed to them. In the case of business applicants the trustee may decide to sell the enterprise as a going concern, but he may also decide to close down the business and to sell the assets.

Applicants often think that an insolvency order will absolve them from all debt and financial obligations. This is not so. They will have to keep on paying court ordered support to their children and spouses and they will remain responsible for paying all outstanding taxes. Payments on secured loans will also have to be maintained. At least the applicant is allowed to keep his automobile and some personal effects.

When a lawyer accepts a case he will ensure that his client is fully informed about the various ramifications and consequences of insolvency. The clients needs to know that such an order will ruin his credit record for at least ten years and that he will not be able to obtain financing of any sort during that period. His income and expenditures will be closely monitored to ensure that he honours his obligations.

There are a number of things that a lawyer can do to avoid an application for liquidation. He can negotiate longer payment terms with the claimants. Many claimants know that such agreements are their best chance of being paid. The lawyer can also consolidate the debt of the applicant and distribute payments according to the stipulations of a court order.

Bankruptcy is a serious matter and should be avoided if at all possible. Many people wait until it is too late for alternative solutions to be found. It is certainly best to obtain professional help as soon as it becomes clear that serious financial problems are looming.




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