Getting folks to pay what they owe has long been a problem for creditors, even with good times. As any collection agency in Los Angeles knows, there is no easy way to go after borrowers when money is in short supply.

Items to know: debt safety

A way whereby borrowers might get in the way of your collection agency in Phoenix, Los Angeles, or any place else in america, is through bankruptcy protection. Persons can declare Chapter 7 or 13, while corporations usually file Chapter 11.

Any time legal entities like people and businesses seek bankruptcy safety, a concept called an “automatic stay” goes into effect. This means that many loan providers are hindered from using any lawsuit against the borrower to put in force the rules of the debt. This can include any attempt by creditors to repossess property as payment for the debt and wage garnishing (for individuals). An automatic stay furthermore inhibits a collector from claiming liens on property.

Chapter 7 is the most common form of bankruptcy application in the united states. For corporations, this means they stop working, except if the trustee continues operations. Properties are liquidated within Chapter 7 and then the proceeds are given to the loan providers. People are able to preserve certain properties, though most liens may continue after liquidation.

Chapter 11 and 13 see some form of reorganization. Chapter 11 is the most common bankruptcy safety registered by companies as this allows owners to go on managing the business. Lenders could obtain management of the company if its business debts exceed its assets. Chapter 13 reorganizes the individual’s expenses so they can pay lenders during a 3-to-5-year period. A person is able to keep their property and assets and, more often than not, lenders end up receiving less cash compared to the cost of the original debt.

Recovering your money

Learning the intricacies of each of the types of safety is essential if you find yourself trying to get as much of your money back as you can after the borrower has gotten bankruptcy protection. In fact, you will find legal firms who go out of their way to recommend to individuals and businesses badly in debt to file for protection.

The details of the US Tax Code is often complex. You will require the level of knowledge that a collection agency in Los Angeles offers to be sure that your interests are represented as soon as your debtors begin getting bankruptcy protection. Chapters 7, 11 and 13 usually do not signify you do not get anything back from the debtors. Should you not learn your way around them, though, you can end up receiving less when compared to the money you loaned.

You lack the time or assets to prepare specialist collection agents who know what to do if your debtor applies for bankruptcy protection. Finding a seasoned collection agency in Phoenix or Los Angeles will save you that time, money and effort to prepare staff for this kind of undertaking. You won’t just obtain a good amount of your capital back, but you will not need to devote a great deal of money doing it.

The author author is an intern with collection agency Los Angeles who also helps collection agency Phoenix.


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