Tuesday 23 April 2013

Why Houston Liquidators Try To Finalize Cases Quickly

By Bertha Wells


Bankruptcy is almost certainly one of the worst possible things that can happen to an individual or a business. It is an indictment of the inability to manage personal and professional finances and the person or business is subject to grueling investigations and a fair amount of embarrassment and even scorn, not to mention the loss of assets and reputation. Houston liquidators are experienced with the process and they generally try to conclude matters as quickly and as amiably as possible.

Anybody that is of the opinion that bankruptcy is an easy way out of a financial mess is in for a very rude surprise. The process is brutal and the laws governing bankruptcy are extremely strict. The law simply does not allow an easy way out of financial difficulties. It is truly best to try and reach accommodations before resorting to such an extreme step.

The courts are very quick in reacting to applications for bankruptcy. A trustee is appointed almost immediately and this trustee enjoys many powers to deal with the situation at hand. Individuals are immediately financially curtailed and in the case of businesses trade is almost always halted straight away. Employees lose their jobs without advance notification and all assets and accounts are frozen on the spot.

The trustee has the unfortunate task to investigate the financial position and dealings of the applicant or defendant. In some cases companies are allowed to continue trading, but only if this is deemed to be to the advantage of the creditors. In many cases businesses are sold as going concerns, but the trustee may decide to sell the assets at an auction in order to pay the creditors.

When individuals apply for bankruptcy they hope in vain to be released from all their financial commitments Child support, taxes and payments due on liens remain valid and have to be honored. The income of the person concerned is placed under control of the trustee and distribution is made before any living expenses are paid to the defendant.

It is vital to understand that once the court entertains an application the person or business involved will lose all assets. In order to make sure that people do not abuse the system the courts now apply a means test. This test is designed to make sure that applicants are indeed not able to cope financially. If the court is not convinced the applicant may be ordered to negotiate with creditors and to honor all commitments in full.

Applicants or defendants have extremely serious responsibilities once they have filed for bankruptcy. They are not allowed to enter into any financial agreements and they have to disclose all their personal affairs to the investigators assigned to the case. They have to furnish documents that are demanded and they have to attend meetings when required to do so. Any transgression is punishable and may even lead to arrest.

Houston liquidators are used to deal with bankruptcy cases and while they try to be sympathetic towards applicants they have to keep the interests of the creditors foremost in their minds. Bankruptcy is not an easy way out of financial trouble. The process is stressful and the consequences will be felt for years to come.




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