Introduction
It appears from the phrasing of the brief details
of the case that this case may involve either
personal or business misfortunes. Since this issue
is not clearly determined we will deal with both
situations.
Analysis
Let us first deal if the case concerned an individual.
Chapter 13 is a chapter of the Bankruptcy Code.
This chapter permits a debtor to file a wage earner's
plan for payment of a percentage of his debts
from future earnings. Only a wage earner is entitled
to avail the benefits of this law which came into
existence in 1938. Most of the earnings of the
wage earner must accrue from wages. Another condition
is that the creditors must verify the debts. If
the creditors do not appear their debts are wiped
out. There is no limit over the amount of debt
involved. Those who do appear to verify their
claims are to receive their debts in easy installments
over a three year period.
Once a case has been filed under the wage earner
plan the person is afforded legal protection against
actions by debt collecting firms, court cases,
assignments, seized bank accounts etc. The filing
of wage earner claim may be seen by the creditors
positively as an attempt to own the debts rather
than run away from those. The only application
is for more time to repay. This is not unlike
debt rescheduling which the commercial and institutional
banks(World Bank, IMF etc.) routinely engage in.
The credit rating is not necessarily affected
adversely. (Wipe Out Debts Without Bankruptcy)
For those of your creditors who have sold their
goods to you under deception as to their properties
there is more bad news. Their debt may be wiped
out altogether if the deception is proved under
the Uniform commercial code. Another act namely
the Homestead Act affords the debtor the facility
of getting an exemption from of levy on the debtor’s
residence. (The secret of Raising Money)
The debtor has to apply to the trustee with full
particulars and record. After examination of the
case the trustee will determine which part of
the debt is admissible for payment over three
years. All installments are to be paid to the
trustee who will in turn pay the creditors in
order of their proportion of claims. (The secret
of Raising Money)
A person can borrow from several banks simultaneously.
But first some ground work has to be done. Open
a savings account and then a checking account
at the bank/s. After some time apply for a small
loan. Make sure the repayments are on time. Once
the small loan is repaid, wait for some time.
Then apply foe a slightly larger amount. Repeat
this process till you get the credit required.
If you obtain loan this way from ten banks whereas
you need loan from only five you can get permanent
credit facility. Money can also be raised by issuing
common stock if you have a tried business venture.
Another variation is issuance of penny stock.
Yet another source is buying a business with cash
flow problems for practically nothing because
there are no buyers for such businesses.(The secret
of Raising Money)
Bankruptcy on the other hand will blemish your
credit history and credit rating. It will always
show up even much later when someone does a credit
check on you. It is a permanent scar.
Under bankruptcy the debts are paid off through
the division of assets among the creditors in
a equal ration say five cents for each dollar
owed. The wage earner plan assures full payment
though over time. Chapter 11 of the United States
Code contains chapter 11.
Conclusion/Summary
The above discourse is alright. I will however
advise my friend very strongly to look at all
these opportunities only after all other avenues
available to solve the financial problems have
been exhausted. In other words one should not
take cover of these options deliberately with
malafide intent. First of all full efforts should
be made to bring the problem under control. This
can be done in several ways. The unnecessary personal
expenditure must be shelved. Luxuries should give
way to austerity. If possible ride in buses or
trains rather than using the car. Children can
be put in less expensive educational institutions.
Travel for vacation is to be declared taboo. The
friend should take on those chores ( for instance
snow removal) for which agency services are used.
The friend should also look into the opportunity
of doing over time or take on a part time job.
The friend should resort to the wage earner plan
only as a matter of last resort.
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