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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 Pasig, Philippines:

Bankruptcy and debt laws in Pasig, Philippines, govern the legal process individuals and businesses go through when they are unable to repay their debts. This area of law provides mechanisms for debtors to seek relief from their financial obligations and for creditors to recover as much of the debt as possible.

Why You May Need a Lawyer:

Seeking legal advice from a bankruptcy and debt lawyer in Pasig may be necessary in situations where a person or business is facing overwhelming debt, lawsuits from creditors, foreclosure, or repossession. A lawyer can provide guidance on the best course of action, help negotiate with creditors, and represent clients in court proceedings.

Local Laws Overview:

In Pasig, Philippines, the Bankruptcy and Financial Restructuring Act provides the legal framework for bankruptcy and debt proceedings. This law outlines the procedures for filing for bankruptcy, the rights of debtors and creditors, and the different types of bankruptcy relief available. It is important to follow the specific requirements outlined in this law to ensure a smooth bankruptcy process.

Frequently Asked Questions:

1. What are the different types of bankruptcy relief available in Pasig, Philippines?

There are several types of bankruptcy relief available in Pasig, including liquidation bankruptcy (Chapter 7), reorganization bankruptcy (Chapter 11), and debt restructuring (Chapter 13). Each type has its own eligibility requirements and benefits.

2. How does bankruptcy affect my credit score?

Bankruptcy can have a negative impact on your credit score, making it harder to obtain credit in the future. However, it is possible to rebuild your credit over time by managing your finances responsibly.

3. Can I keep my assets in bankruptcy?

The ability to keep assets in bankruptcy depends on the type of bankruptcy relief you file for and the specific assets involved. In some cases, exemptions may allow you to keep certain assets such as your home or car.

4. What debts can be discharged in bankruptcy?

Most types of unsecured debts, such as credit card debts, medical bills, and personal loans, can be discharged in bankruptcy. However, certain debts, such as student loans and child support payments, are generally not dischargeable.

5. How long does the bankruptcy process take?

The length of the bankruptcy process can vary depending on the type of bankruptcy relief sought and the complexity of the case. In general, Chapter 7 bankruptcy cases are completed within a few months, while Chapter 13 cases may take three to five years to complete.

6. Will I lose my house if I file for bankruptcy?

Whether or not you will lose your house in bankruptcy depends on various factors, including the amount of equity in your home, the type of bankruptcy relief sought, and the exemptions available to protect your home. Consulting with a bankruptcy lawyer can help you understand your options.

7. Can I file for bankruptcy without a lawyer?

While it is possible to file for bankruptcy without a lawyer, it is not recommended. Bankruptcy laws are complex, and a lawyer can provide valuable guidance throughout the process, increasing the likelihood of a successful outcome.

8. What is the means test in bankruptcy?

The means test is a calculation used to determine if a debtor qualifies for Chapter 7 bankruptcy based on their income and expenses. If a debtor's income is below the state median, they may be eligible for Chapter 7 relief without further analysis.

9. Can creditors continue to contact me after I file for bankruptcy?

Once you file for bankruptcy, an automatic stay goes into effect, preventing creditors from contacting you or attempting to collect on debts. Any further communication should be directed to your bankruptcy attorney.

10. How can I rebuild my credit after bankruptcy?

Rebuilding your credit after bankruptcy involves establishing a positive payment history, using credit responsibly, and monitoring your credit report for inaccuracies. Over time, your credit score can improve as you demonstrate financial responsibility.

Additional Resources:

For more information on bankruptcy and debt laws in Pasig, Philippines, you can visit the Pasig City Hall or consult the Pasig City Legal Office. Additionally, the Philippine Association of Bankruptcy and Debtors is a resource for individuals seeking support and information on bankruptcy and debt-related issues.

Next Steps:

If you are facing financial difficulties and considering bankruptcy or debt relief options, it is important to seek legal advice from a qualified bankruptcy and debt lawyer in Pasig. A lawyer can assess your situation, explain your options, and guide you through the bankruptcy process to help you achieve a fresh financial start.

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.