What is voluntary bankruptcy?

Voluntary bankruptcy is a court proceeding that someone with more debt than they can pay initiates the process instead of any irate creditor. In this case, the debtor declares that he/ she is finding it impossible to pay their outstanding debts, and therefore is seeking protection from debtors through the intervention of the court. The court would then look into the petition and could approve or deny the voluntary bankruptcy request.

The cost and process of voluntary bankruptcy differs very much from that of an involuntary bankruptcy. Before you decide to make use of this legal proceeding, you need to understand the pros and cons of such process. Each state has its own rules, so ensure that you do sufficient research and weigh your options carefully. Bankruptcy follows filers for a very long time and is not a process that should be undertaken haphazardly.

If approved, the court would then decide what assets would be sold to enable the creditors to recover whatever possible of their outstanding debt; and what assets would be protected under a clause known as “minimum livelihood necessities.” Voluntary bankruptcy is a double-edged sword to be used with extreme caution. It is best to seek the advice of a well- qualified, experienced attorney to guide you through understanding the process before you decide to file for voluntary bankruptcy.

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