Different Types of Personal Bankruptcy. Which Bankruptcy Type Do You Qualify for, or Can Afford?

by wallyg

 

This essay attempts a simple outline of the different types of bankruptcy available under the banruptcy code for American debtors, and the basic procedures and process involved in a debtor filing for personal bankruptcy for legal discharge of his or her debt.

BANKRUPTCY AS A CONSTITUTIONAL RIGHT.

Personal bankruptcy is a fundamental Constitutional right. Article I, Section 8, of the United States Constitution authorizes Congress to enact “uniform Laws on the subject of Bankruptcies” for the benefit of debtors who are United States citizens. Under this grant of authority, Congress enacted today’s “Bankruptcy Code,” last significantly revised or amended in 2005. The Bankruptcy Code, which is codified as title 11 of the United States Code, is the uniform federal law that governs all bankruptcy cases. Hence, bankruptcy being a fundamental Constitutional right, debtors need a cheap low-cost alternative bankruptcy system to high lawyers fees, and need to be able to afford bankruptcy without lawyers, or with lawyers. The point is that the cost and fees of filing for bankruptcy should never be made to be so high as to be a bar or hindrance for qualified American debtors who need to file for bankruptcy. Could that mean having to file bankruptcy with no bankruptcy attorney – to assure it will be low-low cost bankruptcy? Yes, maybe. Atimes, when the circumstances warrant that to make it practicable for a debtor to be able to excercise or enjoy that fundamental citizenship right.

THE BASIC PROCEDURES OF THE BANKRUPTCY PROCESS

The procedural aspects of the bankruptcy process are governed by the Federal Rules of Bankruptcy Procedure (often called the “Bankruptcy Rules”) and the local rules of each bankruptcy court. The Bankruptcy Rules contain a set of official forms for use in bankruptcy cases. The Bankruptcy Code and Bankruptcy Rules (and local rules) set forth the formal legal procedures for dealing with the debt problems of individuals and businesses.  Read more...

Tags: Afford, Bankruptcy, Different, Personal, Qualify, Type, Types

Qualifying Civil Suits Case Types for Lawsuit Settlement Loans

When it comes to the different types of lawsuit cases it can be mind boggling. There are over fifty different types of civil court cases; thousands if you branch them off into their own specific field. Many plaintiffs in the middle of a lawsuit seek pre settlement loans as a source of cash during their pending lawsuit. They may use this cash to pay bills or even to fund their lawsuit case. Regardless of the reason a plaintiff should know what cases lawsuit settlement loan providers accept. In theory with so many different lawsuit loan providers in the industry one will at least fund your particular type of case. However, there is a general set of cases that they all will fund. Below is a quick list of the different cases that the majority of the providers will give loans for.

Asbestos Auto Accident Aviation Breach of Contract Civil Rights Class Action Commercial Litigation Construction Negligence Copyright (and other intellectual property) Litigation Divorce Funding Employment Discrimination Environmental Litigation FELA (Railroad) Fraud General Negligence Inheritance Funding Jones Act Legal Malpractice Litigation Funding Mass Tort Medical Expenses Funding Medical Malpractice Mesothelioma Motor Vehicle and Passenger Injury Nursing Home Malpractice Patent Law Pedestrian Injury Personal Injury Pharmaceutical Litigation Plane Crash Premises Negligence (slip & fall) Primary Pulmonary Hypertension (PPH) Product Liability Securities Fraud Settlements Sexual Harassment Slip-and-Fall Structured Settlements Surgical Expenses Funding Trucking Vioxx Whistle blower Workers Compensation Wrongful Death Wrongful Termination Zyprexa

As you can see, the list of cases lawsuit loan providers will fund the plaintiffs for is staggering, and this isn’t even a complete list. This just provides you with the basic civil court cases a settlement loan provider may or may not provide plaintiffs with loans for. Regardless of what type of lawsuit case you’re currently involved in you should research the providers list of acceptable cases “before” applying for a lawsuit loan. This will save time and effort while trying to get access to the cash you need. If you want to learn more about the different type of lawsuit cases accept or want to apply for a lawsuit settlement loan then continue below.

Tags: Case, Civil, Lawsuit, Loans, Qualifying, Settlement, Suits, Types