A
bankruptcy attorney in Salt Lake City Utah is a legal professional
that focuses his or her attention on dealing with the legal aspects
of bankruptcy and bankruptcy procedures. A bankruptcy attorney can
serve the needs of individuals, companies and even municipalities.
The duties of a bankruptcy attorney are many which include filing the
original petition, working closely with the client to establish the
assets and liabilities and attending court hearings. When a situation
gets to the point where bankruptcy seems to be the only option there
are usually other problems as well, these problems run the gamut from
home foreclosure, property repossessions, garnishment, etc. The
bankruptcy attorney may be called upon by the client to deal with
these proceedings as well.
In a
typical domestic bankruptcy the assets of the bankrupt must be
disposed of in an effort to pay down debt. To see that the
liquidation happens and goes smoothly the attorney works with a
liquidator that has been appointed by the court. In some cases it is
not necessary to liquidate assets but the attorney, client and the
court work towards establishing a reorganization plan that allows the
debt to be paid off over time. There are many people that are facing
bankruptcy that have plenty of assets, assets that they do not want
to lose. These people are better of declaring an available Chapter
that allows for reorganization of debt under very strict guidelines.
On the other hand there are many people that have little to lose and
they are better off to completely eliminate their debt which gives
them the chance to start over.
Chapters
7 and 13 are the common Chapters used for personal bankruptcy. In
Chapter 7 assets such as second or third vehicles, boats, vacation
homes and even family heirlooms will be liquidated to pay creditors.
Once Chapter 7 bankruptcy is completed there are no further repayment
demands and no repayment plan. Under Chapter 13 valuable assets that
would be otherwise liquidated can be kept but creditors must be paid
off in accordance with the plan which is approved by the court.
When a
business declares bankruptcy it too can declare Chapter 7 and simply
cease to exist, however if the company is viable the bankruptcy
lawyer in Salt Lake City may suggest Chapter 11. When the business
declares Chapter 11 it can continue to function but it must repay the
debts in accordance with a plan for reorganization that was devised
by the court and approved by the creditors.
No
matter what Chapter is invoked, bankruptcy is a serious issue and
must be studied to understand all the long term implications. A
bankruptcy attorney can inform you of all the ramifications of
declaring bankruptcy. For more information, visist The
Utah Bankruptcy Lawyer.

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