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Philippines Bankruptcy & Debt Legal Questions answered by Lawyers

Browse our 1 legal question about Bankruptcy & Debt in Philippines and the lawyer answers, or ask your own questions for free.

Can a lender sell the property pledged by default lender?
Bankruptcy & Debt
Debt & Collection
Contract
No. That is not allowed by law. 

About Bankruptcy & Debt Law in Ormoc City, Philippines:

Bankruptcy & Debt law in Ormoc City, Philippines governs the legal processes and procedures related to individuals or businesses who are unable to repay their debts. Filing for bankruptcy can provide a fresh start for debtors by reorganizing or discharging their debts under the supervision of the court.

Why You May Need a Lawyer:

There are several situations where you may require the assistance of a lawyer in matters related to Bankruptcy & Debt. If you are facing overwhelming debt, harassment from creditors, foreclosure, or repossession of assets, a lawyer can help protect your rights and guide you through the legal process.

Local Laws Overview:

In Ormoc City, Philippines, the Bankruptcy & Debt laws are primarily governed by the Financial Rehabilitation and Insolvency Act (FRIA) of 2010. This law provides mechanisms for debt rehabilitation, liquidation, and bankruptcy protection for individuals and businesses facing financial difficulties. It also establishes the Insolvency and Creditors' Rights Committee to oversee bankruptcy proceedings.

Frequently Asked Questions:

1. What is the difference between Chapter 7 and Chapter 13 bankruptcy?

Chapter 7 bankruptcy involves the liquidation of assets to repay creditors, while Chapter 13 bankruptcy allows for a repayment plan over a period of time. Consult with a lawyer to determine which option is best for your situation.

2. How can bankruptcy help me with my debts?

Bankruptcy can help you eliminate certain debts, stop creditor harassment, prevent foreclosure or repossession, and provide a fresh financial start. However, not all debts are dischargeable through bankruptcy.

3. Will bankruptcy ruin my credit score?

While bankruptcy will have a negative impact on your credit score, it is possible to rebuild your credit over time with responsible financial management.

4. How can a lawyer help with my bankruptcy case?

A lawyer can help you understand your legal options, navigate the bankruptcy process, negotiate with creditors, and represent you in court proceedings. They can also ensure that your rights are protected throughout the process.

5. Can I file for bankruptcy without a lawyer?

While it is possible to file for bankruptcy without a lawyer, it is highly recommended to seek legal representation to ensure that your interests are fully protected and to navigate the complexities of bankruptcy law.

6. What are the eligibility requirements for filing for bankruptcy?

Eligibility requirements for bankruptcy vary depending on the type of bankruptcy you wish to file. Consult with a lawyer to determine if you meet the necessary criteria for filing for bankruptcy.

7. How long does the bankruptcy process usually take?

The duration of the bankruptcy process can vary depending on the complexity of your case and the type of bankruptcy you file. Generally, Chapter 7 bankruptcy cases can be completed within a few months, while Chapter 13 cases typically take three to five years.

8. Will I lose all my assets if I file for bankruptcy?

While some assets may be subject to liquidation in Chapter 7 bankruptcy, there are exemptions that allow you to protect certain assets. In Chapter 13 bankruptcy, you can usually keep your assets as long as you adhere to the repayment plan.

9. What debts are not dischargeable in bankruptcy?

Some debts, such as child support, alimony, student loans, and certain tax debts, are typically not dischargeable in bankruptcy. Consult with a lawyer to determine which debts are exempt from discharge in your case.

10. How can I prepare for a bankruptcy consultation with a lawyer?

Prior to meeting with a lawyer, gather all relevant financial documents, such as bank statements, tax returns, and debt paperwork. Be prepared to discuss your financial situation openly and honestly to receive the best legal advice.

Additional Resources:

For more information on Bankruptcy & Debt laws in Ormoc City, Philippines, you can visit the website of the Insolvency and Creditors' Rights Committee or seek guidance from the Integrated Bar of the Philippines - Ormoc City Chapter.

Next Steps:

If you are considering filing for bankruptcy or need legal assistance with Debt matters in Ormoc City, Philippines, it is advisable to consult with a qualified lawyer who specializes in Bankruptcy & Debt law. They can provide personalized advice and representation to help you navigate the legal process and protect your rights.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.