The bankruptcy procedure often begins with a debtor filing a bankruptcy petition.
A group of creditors can give a joint petition if the debt owed is huge. The creditor must prove that the debtor has been unable to pay the debts taken and has failed to honor the treaty signed by the creditor and the debtor.
The judge or the court will decide if the petition is to be proceeded or not. If the bankruptcy is cleared to be declared, then the court will have to appoint an Official Receiver who takes the role of controlling the debtor’s property.
The debtor has to submit the Official Receiver within 21 days of the making of a bankruptcy order the statement of affairs. Once the order is received, the official will call for a meeting with both the debtor and the creditor. The personal property of the debtor’s would be treated under the trustee of the bankruptcy and only a few properties will be exempted from the bankruptcy. Then the valuable items can be sold.
The official in charge of the debtor’s properties will have to sell the properties, the sold amount will then be used to clear the debts of the debtor.
A secured creditor does not depend on the trustee for the repayment of the debts that are due to them. After the sale of the debtor’s property if that amount is not enough to clear the secure loan, then the creditor has the option to claim the balance amount as an unsecured creditor. On the other hand, if the sale of the debtor’s property is more than the debts owe combined then the repayment will be distributed equally. So who is this official appointed by the court? He is the Trustee. The Trustee is a special officer appointed by the court. The Trustee is also known as the bankruptcy administrator as he holds responsibilities of supervising the filed cases and activities between the creditors and the debtor.
Make sure to take counseling from an approved agency before filing for bankruptcy. They will tell you about the repayment plans and other procedures that involves in the bankruptcy. All of us should be well-versed in the laws of bankruptcy and the fees involved so that it can help when the need arises.