How do I File Business Bankruptcy in Iowa?
- 1). Establish whether you really need the petition. Bankruptcy should not always be a first option. It should be taken only if you have so many debts that you may not be able to repay in the following five years. You can file bankruptcy also if your property is on the verge of foreclosure due to unpaid mortgages and loans and if you are experiencing an uncertain financial future due to loss of a job.
- 2). Familiarize yourself with the laws pertaining to bankruptcy. In Iowa the laws governing bankruptcy are in two major subtypes: chapter 7 and chapter 13.T he bankruptcy law under chapter 7 allows one to be cleared of their debt except in cases of alimony, student loans and child support. This chapter which is also referred to as liquidation makes it quick and simple for you to clear your "no asset " debts. Chapter 7 mostly applies to individuals, partnerships and corporations. Chapter 13 on the other helps you wipe out your debts by use of a repayment plan through which you repay your debts over a period of time. Chapter 13 is also referred to as the wage earner bankruptcy and involves your debt being cleared on condition that you repay it little by little over an agreed period of time.
- 3). Hire an Iowa bankruptcy lawyer to help you go about your bankruptcy filing.
You will then be required to file an official petition in court and submit a statement of financial affairs through your lawyer. This will include filling out bankruptcy forms that list all the people you owe money, the amount you owe them, how much your income is and a list of all property you own. The court will then send out notice to your creditors instructing them to avoid taking any action against you. You will be assigned a trustee who takes charge of all your property as you await a hearing. The meeting called the 341 meeting comes 40 days after you file your petition and occurs between your creditors, trustee(s) and you. After this meeting, your creditors have 60 days to instruct the court whether or not to grant your petition.