My father has an SBA loan that went unpaid starting about 3 years ago. We have not hear a word from the bank for 3 years, suddenly a PI shows up at their house wanting him to accept paperwork.
My question is this, is the homestead protected from a civil suit? I believe it is, if my parents decide to sell their homestead and purchase a new one will those assets be protected? I am under the assumption that the bank is trying to now sue to regain some of the outstanding debt. Also, if we assume homestead and its assets are protected is there any need for him to file bankruptcy, and if he did would it prevent further legal action to repay the SBA loan.
Would you like to find an experienced bankruptcy lawyer near me (you) quickly and for a good price? Generally, bankruptcy law can provide a timeline (arrangement) for the repayment of non-dischargeable personal (corporate) debts. The ability to repay secured debts is valid for both Individuals as well as organizations (governmental and private). Bankruptcy comes in five varieties where each offering different options "settling" with debts.
- Chapter 7: Cancelation of unsecured debts (credit cards and personal loans). Bankruptcy law in the United States has changed dramatically in 2005. Liquidation of personal debts under a Chapter 7 is the most common form of debt relief. Most of chapter 7 cases are classified as "no asset".
- Chapter 9: Reorganization of municipalities and related local entities sheet (not for Individuals and Corporations). A chapter 9 of bankruptcy law in U.S is very special. It is a form of debt reorganization (not disposal). Remember, it is only avaliable to Municipalities
- Chapter 11: This chapter Provides a lot of options to reorganize debt. There are options such as "debt cancellation", repaying some debts for Individuals, etc ...
- Chapter 12: Restructuring of debts for Family Farmers is done according to this chapter.
- Chapter 13: repayment of some debts over a period of three to five years + reduction on secured debts and their elimination.
Is it better to file for a bankruptcy under Chapter 11, Chapter 12 or Chapter 13? It depends on your case. Your first step should be finding and hiring the best and most affordable bankruptcy attorney near you. Bankruptcy proceedings in the United States are (should be) supervised by District and Bankruptcy Courts governed by the bankruptcy rules (promulgated by the Supreme Court - www.supremecourt.gov)
