#and you CANNOT judge the value of your work based on the kind of reception or amount of interaction it gets
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giddlygoat · 5 months ago
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whenever i start to doubt and think that my self indulgent, hyper specific work is cringe or somehow less valuable as art, i just remember that all of the things which have moved me the most have been the bizarre product of an artist’s self indulgent and hyper specific obsession. so i’m okay
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astrorevival · 8 years ago
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january 23 profile
January 23 Zodiac Compatibility: August 24 to September 23 You share an inquisitive approach to life and mental alertness, and this can take you both on a voyage of discovery: body, mind and soul. January 23 Zodiac Luck maker: Allow others to give to you Luck is always knocking on your door, but it won’t come to you unless you open the door and are willing to let luck in. People born on January 23 Zodiac are dissenters. They dislike and often refuse to take orders or even advice from other people and prefer to live according to their own rules, devoting themselves to their own ideals. Although this approach has its risks, more often than not their courageous and buoyant character sees them making, rather than obeying, the rules. Rarely motivated by financial reward alone, January 23 Zodiac people are idealistic and desire to live a richly rewarding life. This quality, along with their original thinking and natural sense of style, makes them stand out from the crowd in a positive way. They truly are inspirational figures. Despite their can-do attitude and charisma, people born on this day never feel quite worthy of the admiration they attract. Although this adds further to their charm, it can sometimes hold them back. However, once they are able to believe in themselves, there is nothing to stop them achieving their own dreams. With their splendid disregard for convention and highly intellectual and original approach to life, January 23 Zodiac people find that they can get along with almost everyone they meet, although people with more materialistic motivations present a challenge; people who throw their money about, or who are trying to impress others and climb socially, particularly repulse them. This is because integrity and moral strength are the ideals by which they live their lives. Understanding the limitations of the human body, those born on this day prefer to live an intellectual life. This can make those close to them occasionally feel excluded and it is important for them to understand that they need a fully integrated personality able to offer others a sensitive depth of understanding. Typically around the age of twenty-eight they become more emotionally receptive and sensitive toward the needs of others. If those born on this day can make sure that their fascination with the abstract does not take precedence over their personal relationships, they have the potential to become rebels not just with a cause but with ideals that will have an influence on the world around them. On The Dark Size Isolated, rebellious, troubled At your best Principled, independent, courageous January 23 Zodiac Love: Marriage of minds Those born on January 23 Zodiac definitely need a partner who can challenge them intellectually, as they love to talk about almost anything. They need the freedom to be themselves but also the stability of a secure and loyal partner. They need to be careful that their independent and self-reliant attitude doesn’t make partners think they don’t need anyone but themselves. These people need a close relationship far more than they would ever admit to. January 23 Zodiac Health: Headstrong Those born on this day are distrustful of doctors and only seek medical advice as a last resort. They like to feel that they are the expert on their health and they will have strong beliefs about the food they eat and the kind of exercise routines they undertake. Because of this, they can either be extremely fanatical about their health or completely disinterested; it is important for them to learn to seek the advice of experts when it is appropriate, because although most of the time they are the best judge of what works for them, sometimes they aren’t. Reading, meditating or surrounding themselves with the color purple will encourage them to be more open-minded and to accept change with trust and optimism. January 23 Zodiac Career: Born academics These people are naturally drawn to intellectual pursuits, thriving in student or academic environments. Their analytical mind also marks them out as potential scientists, although any career which can keep their mind constantly stimulated will appeal. Their more practical side may be drawn to business or market research, their idealistic side may attract them toward charity work, their rebellious side may draw them toward working on their own as an entrepreneur; but whatever career they choose, their originality will find ways to express itself in a unique and creative way. January 23 Zodiac Destiny: To bring fresh new insights into the world The life path of people born on this day is to learn to keep their feet firmly on the ground without losing their rebellious streak and individuality in the process. Their destiny is to bring fresh and new insights into the world and to encourage others to see things they normally take for granted in a wholly new light. In Love Your friendly, outgoing personality masks an inner core of independence. Part of you lives in a private world that few can share. You expect more than sex and romance from a love relationship. What you are really seeking is a psychic link that transcends differences in temperament. You are loving and affectionate but likely to jump in and out of romantic unions. You like the security of a committed partnership, but there is a fear of intimacy in your makeup. Your ideal partner is one who is aware of and willing to accept the paradoxical aspects of your nature. People born on January 23 are caring free thinkers with all kinds of humanitarian projects. They are creative and extremely mentally active and always seem to appear as the visionary one in the room but what is not so known about them is that they also have great supervisory skills and when they put their mind to something they plan every little detail. They have a malleable path to live but also have their unseen ambitions that they really make efforts to follow. Positive traits: Diligent and sincere, these natives have a pleasing personality and it seems very easy for anyone to like them. They present themselves with a forceful insight on many life matters and people often come for support and help from them. They are broad minded and conscientious as well. They are appreciated and looked up to by those close to them and try to answer in the same measure. Lovers born on January 23 are versatile and ingenious. They do know how to conquer someone one they get passionate, not only they know how to charm their way through words but also with gestures. They are attracted to active and unpredictable person who can keep them guessing but also keep up with their energy. For the sociable Aquarius, love comes fast and goes even faster. You can conquer the heart of Aquarius if you have an interesting personality and you know how to reveal it step by step and you are able to accept their eccentricities. Attractive and charming it is very difficult for someone to win their heart if they don't show the slightest interest. They don't settle for less than what they consider it's best for them. Lovers born on January 23 are versatile and ingenious. They do know how to conquer someone one they get passionate, not only they know how to charm their way through words but also with gestures. They are attracted to active and unpredictable person who can keep them guessing but also keep up with their energy. For the sociable Aquarius, love comes fast and goes even faster. You can conquer the heart of Aquarius if you have an interesting personality and you know how to reveal it step by step and you are able to accept their eccentricities. Attractive and charming it is very difficult for someone to win their heart if they don't show the slightest interest. They don't settle for less than what they consider it's best for them. And they are a pretentious lover that is sometimes prone to controlling behavior and jealousy fits. Freedom lover, they have an immense love for change and adventure and they will experience many love relationships in their life, that they will consider important. If they settle for one person, they will probably be hard to understand and they will still be governed by selfishness. They are most compatible with those born on 1st, 2nd, 8th, 10th, 11th, 19th, 20th, 28th and 29th. Lovers born on the 23rd of January are considered very, very considerate lovers. You really go out of your way to step into the shoes of your lover and feel the world based on what they’re feeling. You understand that the world can be a hostile place from time to time. You understand that they can be under a tremendous amount of stress. So no matter how rough they can be, or even if they are mean to you, you always repay your romantic partners with a smile, a loving kiss and tenderness. Not surprisingly, you end up calming them down and eventually they are able to reciprocate your positive affections. Personal Relationships For a Aquarian, the person born on the twenty third day of January is fairly warm and ebullient about love and relationships. Although you cannot be described as romantic or overly demonstrative with your feelings you enjoy the emotional security of personal relationships. Your slight fear of intimacy does not put you off searching for a committed soul mate partnership. To your partner you are loving and affectionate and as you seem to value loyalty so highly you will rarely stray when in a long term commitment. You are a gentle, unselfish and intuitive lover who is usually shy initially but openminded and understanding of your partners needs. You will seek someone who shares your views and interests but also has plenty of their own. This is because intellectual stimulation is more often than not a necessity to keep you feeling reassured and emotionally contented.
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thesimplyluxuriouslife · 9 years ago
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Learn How to Love: 26 Ways to Love Fully
~The Simple Sophisticate, episode #136
~Subscribe to The Simple Sophisticate: iTunes | Stitcher | iHeartRadio
"It's never too late to learn anything for which you have a potential . . . and the limitless potential of love within each person [is] eager to be recognized, waiting to be developed, yearning to grow . . . If you want to learn to love, then you must start the process of finding out what it is, what qualities make up a loving person and how these are developed. Each person has the potential for love. But potential is never realized without work. This does not mean pain. Love, especially, is learned best in wonder, in joy, in peace, in living." —Leo Buscaglia, in Love: What Life is All About
Nurture or nature. Acquired or known. A natural or skilled. There are some capabilities we each have that come more naturally to us: the ability to sing like a songbird or swim like a fish. This is not to say that practice and expert coaching won't help, but in each of these instances, there is an innate ability that advances the individuals that apply themselves to such great lengths others may not reach. On the flip-side, there are skills that anyone can learn if they choose to, and here is the good news. One of these skills is how to love. We are not born knowing how to love well. We learn by observing those who raise us, observing the world we are born into and by what we read, view and absorb. The catch is not all of us are watching how to love well. Some of us will have a distorted view, some of us will be limited by what we see while others will observe healthy, kind, thoughtful ways of loving. While there are many wonderful ways to express love, there are essential components, and that is what we'll be discussing today. And if as an adult you have come to discover the models you observed were not healthy, you can absolutely change and become a student again learning how to love well, and thereby enriching your life moving forward. Life, a well-lived and savored life, is a life asking of each of us to acquire skills to be successful. As I mentioned yesterday in the first post of 2017, often those of us who make mistakes along the way as we travel through life are not trying to make mistakes or incapable of improving. Instead, we are doing what we were taught, what we know. We are less skilled. But we can absolutely improve. Take a look at 26 ways you can learn to love well: ~A more detailed discussion is shared on today's episode of the podcast, so be sure to download and take a listen for further explanation on each point. 
1.Experiment with your own life
"Change and growth take place when a person has risked himself and dares to become involved with experimenting with his own life." —Herbert Otto
2. Forever be a student
One cannot give what they do not possess. To give love you must possess love. One cannot know what they do not study. To study love you must live in love. One cannot appreciate what they do not recognize. To recognize love you must be receptive to love. One cannot have doubt about that which they wish to trust. To trust love you must be convinced of love. One cannot admit what they do not yield to. To yield to love you must be vulnerable to love. One cannot live what they do not dedicate themselves to. To dedicate yourself to love you must be forever growing in love. —Leo F. Bascaglia
3. Cultivate your own contentment
"When we feed and support our own happiness, we are nourishing our ability to love."
4. Find, unearth, your true self
"Be able to love, heal and accept yourself, so you can then offer these gifts to others."
Many times we seek out love in order to alleviate our own suffering, and the suffering is due to a conscious or unconscious refusal to take the time to get to know ourselves.
5. Be mindful
Coming to understand how to create moments of joy for yourself enables you to give that joy, thus the love, to others.
6. Be kind
7. Practice love
One must live love. Take action.
8. Stop objectifying love
Love is not a thing to possess. You already have it, love, within you, now you just need to tap into it, foster it, practice it and then live in love.
9. Build within yourself trust, self-respect and confidence
10. Become a good listener
Learn your partner's "love language".
"To love without knowing how to love wounds the person we love. To know how to love someone, we have to understand them" and that begins with listening well. —Thich Nhat Hanh
11. Stop labeling
Stop making assumptions, stop jumping to conclusions. Let go of stereotypes about cultures, groups, etc.
12. Let go of being perfect, and just be human
"A base for love and the potential for growth in love is also present in each man. Love is then a process of 'building upon' what is already there. Love is never complete in any person. There is always room for growth."
"If you know, accept and appreciate yourself and your uniqueness, you will permit others to do so. If you value and appreciate the discovery of yourself, you will encourage others to engage in self-discovery."
13. Be vulnerable
"Man may know that only by being vulnerable can he truly offer and accept love." —Leo Buscaglia
14. Open your palm
"And then, the lover, to learn and to change and to become, also needs freedom. Thoreau said a wonderful thing: 'Birds never sing in caves.' And neither do people. You've got to be free in order to learn." —Leo Buscaglia
15. Let go of expectations, but have clear boundaries
16. Cease placing conditions
"Others can and will only give what they are able, not what you desire they give. When you cease placing conditions on your love you have taken a giant step toward learning to love."
17. Be patient
"The human seeking love will find that love is patient. The lover knows that each person can enhance [their] knowledge of love and bring them closer to themselves . . . each person will grow at their own rate, in their own manner, at their own time, by way of their unique self. Therefore, it's helpless to berate, judge, predict, demand or assume. Love must be patient. Love waits. This doesn't mean that love sits passively forever, if necessary, for the person to grow. Love is active, not passive. It is continually engaged in the process of opening new doors and windows so that fresh ideas and questions can be admitted."
18. Learn how to communicate well
19. Become an expert of understanding your own emotions
20. Meet your emotional as well as your physical needs
"A human's basic psychological needs are these. She requires to be seen, recognized, appreciated, heard, fondled, sexually satisfied. She must be allowed the freedom to choose her own way, to grow at her own rate and to make her own mistakes, to learn. She needs to accept himself and other human beings and be accepted by them. She desires to e an 'I' as well as a 'we.' She strives to grow into the unique individual that she is."
21. Be present 
"Love lives in the moment."
22. Believe the world is good because it is 
23. Help others reach their full potential
"As soon as the love relationship does not lead me to me, As soon as I, in a love relationship, do not lead the other person to themselves, this love, even if it seems to be the most secure and ecstatic attachment I have ever experienced, it is not true love."
24. Create an everyday life to savor
"Another responsibility of love is to create joy. Joy is always an integral part of loving. There is joy in every act of live, no matter how menial or repetitive . . . you can make the day a chore; dull, nerve-wracking, frustrating, a waste of time. Or the same day can be taken on with energy, enthusiasm and a determination to make it one of the best days of your life, for yourself and those about you."
25. Stand in your strength
"It is the weak who are cruel. Gentleness can only be expected from the strong." —Leo Rosten
26. Become love
"For to be a lover will require that you continually have the subtlety of the very wise, the flexibility of the child, the sensitivity of the artist, the understanding of the philosopher, the acceptance of the saint, the tolerance of the dedicated, the knowledge of the scholar, and the fortitude of the certain."
  Shel Silverstein's The Missing Piece Meets the Big O, the allegory of true love" https://youtu.be/MCmZ2jrQooE ~Books mentioned in the episode: ~Love: What Life Is All About by Leo F. Buscaglia ~How to Love by Thich Nhat Hanh
Petit Plaisir
~Books for Living by Will Schwalbe
   </p> <h5>~Subscribe to<em> The Simple Sophisticate</em>: <a href="https://itunes.apple.com/us/podcast/simple-sophisticate-intelligent/id910273945?mt=2&ign-mpt=uo%3D4" target="_blank">iTunes</a> | <a href="http://www.stitcher.com/podcast/the-simple-sophisticate" target="_blank">Stitcher</a> | <a href="http://www.iheart.com/show/263-The-Simple-Sophisticate-In/" target="_blank">iHeartRadio</a></h5> <p>
Tune in to the latest episode of The Simple Sophisticate podcast
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michaeljames1221 · 5 years ago
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Business Bankruptcy
Bankruptcy is a process a business goes through in federal court. It is designed to help your business eliminate or repay its debt under the guidance and protection of the bankruptcy court. Business bankruptcies are usually described as either liquidations or reorganizations depending on the type of bankruptcy you take. Bankruptcy is the legal proceeding involving a person or business that is unable to repay outstanding debts. The bankruptcy process begins with a petition filed by the debtor, which is most common, or on behalf of creditors, which is less common. All of the debtor’s assets are measured and evaluated, and the assets may be used to repay a portion of outstanding debt.
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Understanding Bankruptcy For Business
Bankruptcy offers an individual or business a chance to start fresh by forgiving debts that simply cannot be paid while offering creditors a chance to obtain some measure of repayment based on the individual’s or business’s assets available for liquidation. In theory, the ability to file for bankruptcy can benefit an overall economy by giving persons and businesses a second chance to gain access to consumer credit and by providing creditors with a measure of debt repayment. Upon the successful completion of bankruptcy proceedings, the debtor is relieved of the debt obligations incurred prior to filing for bankruptcy. All bankruptcy cases in the United States are handled through federal courts. Any decisions over federal bankruptcy cases are made by a bankruptcy judge, including whether a debtor is eligible to file or whether he should be discharged of his debts. Administration over bankruptcy cases is often handled by a trustee, an officer appointed by the United States Trustee Program of the Department of Justice, to represent the debtor’s estate in the proceeding. There is usually very little direct contact between the debtor and the judge unless there is some objection made in the case by a creditor.
Types of Bankruptcy Filings
Bankruptcy filings fall under one of several chapters of the Bankruptcy Code: Chapter 7, which involves liquidation of assets; Chapter 11, which deals with company or individual reorganizations, and Chapter 13, which is debt repayment with lowered debt covenants or specific payment plans. Bankruptcy filing specifications vary among states, leading to higher or lower filing fees depending on how easily a person or company can complete the process.
Chapter 7 Bankruptcy
Individuals or businesses with few or no assets file Chapter 7 bankruptcy. The chapter allows individuals to dispose of their unsecured debts, such as credit cards and medical bills. Individuals with non-exempt assets, such as family heirlooms (collections with high valuations, such as coin or stamp collections), second homes, cash, stocks, or bonds, must liquidate the property to repay some or all of their unsecured debts. So, a person filing Chapter 7 bankruptcy is basically selling off his or her assets to clear debt. Consumers who have no valuable assets and only exempt property, such as household goods, clothing, tools for their trades, and a personal vehicle up to a certain value, repay no part of their unsecured debt. Pros: If you are ready to start a new business or explore other career options, Chapter 7 could fit the bill. Chapter 7 business bankruptcy allows you to eliminate most (if not all) of your unsecured debts, including medical bills, personal loans, payday loans, cash advance loans and credit card debt. Once you file for Chapter 7 bankruptcy, it typically takes about six months to receive your discharge.
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Cons: In this type of business bankruptcy, the company goes out of business. A Chapter 7 discharge does not relieve certain debts, including mortgages and car loans, and it can also result in the loss of property if your equity is non-exempt. If you plan to reorganize and start your existing business anew, this is not the right type of business bankruptcy to file. A Chapter 7 bankruptcy will appear on your credit report for 10 years, and you won’t be able to file Chapter 7 and receive debt discharge again within eight years.
Chapter 11 Bankruptcy
Businesses often file Chapter 11 bankruptcy, the goal of which is to reorganize and once again become profitable. Filing Chapter 11 bankruptcy allows a company to create plans for profitability, cut costs, and finds new ways to increase revenue. Preferred stockholders may still receive payments, though common stockholders will not.
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For example, a housekeeping business filing Chapter 11 bankruptcy might increase its rates slightly and offer more services to become profitable. Chapter 11 bankruptcy allows a business to continue conducting its business activities without interruption while working on a debt repayment plan under the court’s supervision. In rare cases, individuals can file Chapter 11 bankruptcy.
Pros: Filing business bankruptcy under Chapter 11 can help you avoid having to close your company – although filing Chapter 7 instead always remains an option. Public companies often choose Chapter 11 because it allows them a chance to become profitable again and to provide value to their shareholders. When you obtain debt relief through a Chapter 11 claim, an automatic stay is put in place, meaning creditors cannot attempt to collect repayment during the term of the stay. Meanwhile, you’re able to create a reorganization plan to pay back debts and regain profitability, usually by renegotiating leases, contracts and other binding agreements. Creditors are often receptive to reorganization under a Chapter 11 business bankruptcy plan, since the payment they receive is more favourable than it would have been under Chapter 7. Since winning a Chapter 11 business bankruptcy discharge does not require selling your assets, if you believe you can make changes that will result in profitability, Chapter 11 could be your best bet.
Cons: Chapter 11 business bankruptcy is very complex, takes a long time to move through the courts and is expensive (i.e. higher filing fees and court costs). The repayment plan can be for long periods of time and can stretch to 20 years or more. And after all that, it won’t necessarily succeed.
Chapter 13 Bankruptcy
Individuals who make too much money to qualify for Chapter 7 bankruptcy may file under Chapter 13, also known as a wage earners plan. The chapter allows individuals and businesses with consistent income to create workable debt repayment plans. The repayment plans are commonly in instalments over the course of a three- to five-year period. In exchange for repaying their creditors, the courts allow these debtors to keep all of their property including non-exempt property.
Pros: Many sole proprietors have personal assets combined with their business assets. In Chapter 13, you can avoid losing your personal assets – versus Chapter 7 business bankruptcy, where some (but not all) of your personal property is exempt from being sold. Chapter 13 also allows more debt to be discharged than Chapter 11, and you can even apply for a Hardship Discharge to have your debts dismissed. It is also typically a faster and cheaper process than Chapter 11.
Cons: It can take up to five years to repay your debts under a Chapter 13 business bankruptcy plan. Your debts are paid with your disposable income, so whatever extra cash you have is committed to debt repayment. If you obtain debt relief by filing business bankruptcy under Chapter 13, you’re barred from filing a Chapter 7 claim for six years. Chapter 13 cases remain on your credit report for 10 years.
Business Bankruptcy Filings
Financially distressed municipalities, including cities, towns, villages, counties, and school districts, may file for bankruptcy under Chapter 9. Under Chapter 9, there is no liquidation of assets to repay the municipality’s debts. Chapter 12 bankruptcy provides relief to “family farmers” or “family fishermen” with regular annual income. Both Chapters 9 and 12 make use of an extended debt repayment plan. Chapter 15 was added in 2005 to deal with cross-border cases which involve debtors, assets, creditors and other parties who may be in more than one country. This type of petition is usually filed in the debtor’s home country.
Being Discharged From Bankruptcy
When a debtor receives a discharge order, he is no longer legally required to pay any of the debts on that order. So, any creditor listed on that discharge cannot legally undertake any type of collection activity (making phone calls, sending letters) against the debtor once the discharge order is enforced. Therefore, the discharge absolves the debtor of any personal liability for the debts specified in the order. But not all debts qualify to be discharged. Some of these include tax claims, anything that was not listed by the debtor, child support or alimony payments, personal injury debts, debts to the government, etc. In addition, any secured creditor can still enforce a lien against property owned by the debtor, provided that lien is still valid. Debtors do not necessarily have the right to a discharge. When a petition for bankruptcy has been filed in court, creditors receive a notice and can object if they choose to do so. If they do, they will need to file a complaint in the court before the deadline. This leads to the filing of an adversary proceeding to recover monies owed or enforce a lien. The discharge from Chapter 7 is usually granted about four months after the debtor files to petition for bankruptcy. For any other type of bankruptcy, the discharge can occur when it becomes practical.
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Advantages and Disadvantages of Bankruptcy
Declaring bankruptcy can help relieve you of your legal obligation to pay your debts and save your home, business, or ability to function financially, depending on what kind of bankruptcy petition you file. But it also can lower your credit rating, making it more difficult to get a loan, mortgage, low-rate credit card, or buy a home, apartment, or business in the future. If you’re trying to figure out if you should file, your credit is probably already damaged. A Chapter 7 filing will stay on your credit report for ten years, while a Chapter 13 will remain there for seven. Any creditors you solicit for debt (a loan, credit card, line of credit, or mortgage) will see the discharge on your report, which will prevent you from getting any credit.
Filing For Business Bankruptcy
“Business bankruptcy” isn’t a term anyone wants to think about, especially in regards to their own company. But did you know that filing for business bankruptcy can actually be a smart choice? Certain types of bankruptcies for business allow you to keep your business, while others relieve you from debt obligation. Business bankruptcy doesn’t mean you are a failure or that your life is over. There is life after bankruptcy, and you’re in the right place to discover it.
Situations Where Filing Business Bankruptcy Makes Sense
No one thinks about filing business bankruptcy when they’re making a profit and experiencing organic growth. In almost all cases, the prospect of bankruptcy arises because your business is having problems. You could be in the last phase of the business life cycle, referred to as the decline phase where you lose your competitive advantage and are ready to exit the market. Or you could have made mistakes during the start-up phases of your business and have failed to find ways to generate profit or create a cohesive team. Business bankruptcy is meant to protect your personal assets should your business fail or you are unable to pay your debts. At its core, filing for business bankruptcy allows you to put your mistakes behind you and focus on progress. Whether that progress involves starting another business, reinventing the business you currently have or leaving the world of entrepreneurship to find a career where you do what you love, you must view bankruptcy as a fresh start.
Sole Proprietorship Bankruptcy
A sole proprietorship isn’t a separate legal entity. You’re likely a sole proprietor if you’re the only owner of your business and you haven’t incorporated or set up a specific form of business entity. You and your business are equally liable for debts incurred by the business. Since a sole proprietorship does not offer limited liability to its owner, creditors of the business can go after your personal assets in addition to business assets. This means that if the business does not have sufficient assets, creditors may sue you and try to collect the debt by taking your house, car, or other personal property.
Partnership Bankruptcy
A partnership is a business entity that’s owned by two or more individuals. In many respects, liability is more like that of a sole proprietor than a corporation, with some exceptions for hybrid versions.
• General partnership: A general partnership can be automatically created without any paperwork if two or more people agree to carry on a business or activity for profit. Each partner is considered a general partner and is personally liable for the debts of the partnership. If your business is a general partnership, you will be responsible for the obligations of the business.
• Limited partnership: In a limited partnership, there is at least one general partner and at least one limited partner. The general partner is personally liable for partnership debts while the limited partner is not. This means creditors can collect from the personal assets of the general partner but not the limited partner.
• Limited liability partnership: An LLP is designed to shield all partners from personal liability for the debts of the business. In some states, all partners enjoy limited liability, but there are states that require an LLP to have at least one general partner. Also, in certain states the liability protection of the LLP only applies to negligence claims so all partners may still be liable for business debts arising out of a contract (such as business loans or credit cards).
Corporation Bankruptcy
A corporation is an incorporated entity designed to limit the liability of its owners (called shareholders). Generally, shareholders are not personally liable for the debts of the corporation. Creditors can only collect on their debts by going after the assets of the corporation. Shareholders will usually only be on the hook if they consigned or personally guaranteed the corporation’s debts. However, shareholders may also be held liable if a creditor can prove corporate formalities weren’t followed, shareholders commingled personal and business funds or the corporation was just a shell designed to shield liability. This is called piercing the corporate veil.
Preparing for Financing Problems
You know to expect banks and other lenders to ask about your personal credit history when deciding whether to provide business financing. You might be able to increase your chances of approval by: • preparing a comprehensive business plan • opening the business with a partner with good credit • soliciting investors to fund your business • applying for financing from a small community bank, or • find financing or grants offered as incentives to business by local communities. You might be thinking about turning to the small business administration for funding. If you are, exercise caution. Often, the small business administration requires not only a personal guarantee but will also expect you to use personal assets to secure the business debt—most commonly your home.
When Financing Isn’t in the Cards
Just because you can’t get financed doesn’t mean you have to put aside your dream of working for yourself. You might want to consider: • starting a personal service business that requires little or no operating capital • working as a subcontractor for an established business to reduce your operating capital needs, or • taking advantage of one of the many other independent contractor opportunities afforded by the “gig” economy. Other Considerations Here are a few other things you’ll want to think about before starting your new business after bankruptcy. • Tax or employer identification numbers: If you closed a previous business, you can’t start the new business with the same tax or employer identification numbers. You’ll need to obtain new numbers. • Paying business taxes: Business owners maintain personal responsibility for business taxes. Avoid being stuck with a substantial bill by paying the business and trust fund tax debt. The business collects trust fund taxes from others, such as payroll withholding and sales taxes (but usually not excise taxes) and must transmit the payments. • Extending payment terms to Since financing will be tight in the beginning, make sure that your new business is getting paid for the work it is doing. Extending payment terms to customers that are overly favourable might result in not getting paid at all. • Maintain good business records: If you can secure financing, it is likely that it will be on a short-term but renewable basis. Keep good records so that when the loan is up for renewal, you can provide accurate figures to show that your business is succeeding and its building up.
Business Bankruptcy Attorney
When you need help from a business bankruptcy lawyer, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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mayarosa47 · 5 years ago
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Business Bankruptcy
Bankruptcy is a process a business goes through in federal court. It is designed to help your business eliminate or repay its debt under the guidance and protection of the bankruptcy court. Business bankruptcies are usually described as either liquidations or reorganizations depending on the type of bankruptcy you take. Bankruptcy is the legal proceeding involving a person or business that is unable to repay outstanding debts. The bankruptcy process begins with a petition filed by the debtor, which is most common, or on behalf of creditors, which is less common. All of the debtor’s assets are measured and evaluated, and the assets may be used to repay a portion of outstanding debt.
Understanding Bankruptcy For Business
Bankruptcy offers an individual or business a chance to start fresh by forgiving debts that simply cannot be paid while offering creditors a chance to obtain some measure of repayment based on the individual’s or business’s assets available for liquidation. In theory, the ability to file for bankruptcy can benefit an overall economy by giving persons and businesses a second chance to gain access to consumer credit and by providing creditors with a measure of debt repayment. Upon the successful completion of bankruptcy proceedings, the debtor is relieved of the debt obligations incurred prior to filing for bankruptcy. All bankruptcy cases in the United States are handled through federal courts. Any decisions over federal bankruptcy cases are made by a bankruptcy judge, including whether a debtor is eligible to file or whether he should be discharged of his debts. Administration over bankruptcy cases is often handled by a trustee, an officer appointed by the United States Trustee Program of the Department of Justice, to represent the debtor’s estate in the proceeding. There is usually very little direct contact between the debtor and the judge unless there is some objection made in the case by a creditor.
Types of Bankruptcy Filings
Bankruptcy filings fall under one of several chapters of the Bankruptcy Code: Chapter 7, which involves liquidation of assets; Chapter 11, which deals with company or individual reorganizations, and Chapter 13, which is debt repayment with lowered debt covenants or specific payment plans. Bankruptcy filing specifications vary among states, leading to higher or lower filing fees depending on how easily a person or company can complete the process.
Chapter 7 Bankruptcy
Individuals or businesses with few or no assets file Chapter 7 bankruptcy. The chapter allows individuals to dispose of their unsecured debts, such as credit cards and medical bills. Individuals with non-exempt assets, such as family heirlooms (collections with high valuations, such as coin or stamp collections), second homes, cash, stocks, or bonds, must liquidate the property to repay some or all of their unsecured debts. So, a person filing Chapter 7 bankruptcy is basically selling off his or her assets to clear debt. Consumers who have no valuable assets and only exempt property, such as household goods, clothing, tools for their trades, and a personal vehicle up to a certain value, repay no part of their unsecured debt. Pros: If you are ready to start a new business or explore other career options, Chapter 7 could fit the bill. Chapter 7 business bankruptcy allows you to eliminate most (if not all) of your unsecured debts, including medical bills, personal loans, payday loans, cash advance loans and credit card debt. Once you file for Chapter 7 bankruptcy, it typically takes about six months to receive your discharge.
Cons: In this type of business bankruptcy, the company goes out of business. A Chapter 7 discharge does not relieve certain debts, including mortgages and car loans, and it can also result in the loss of property if your equity is non-exempt. If you plan to reorganize and start your existing business anew, this is not the right type of business bankruptcy to file. A Chapter 7 bankruptcy will appear on your credit report for 10 years, and you won’t be able to file Chapter 7 and receive debt discharge again within eight years.
Chapter 11 Bankruptcy
Businesses often file Chapter 11 bankruptcy, the goal of which is to reorganize and once again become profitable. Filing Chapter 11 bankruptcy allows a company to create plans for profitability, cut costs, and finds new ways to increase revenue. Preferred stockholders may still receive payments, though common stockholders will not.
For example, a housekeeping business filing Chapter 11 bankruptcy might increase its rates slightly and offer more services to become profitable. Chapter 11 bankruptcy allows a business to continue conducting its business activities without interruption while working on a debt repayment plan under the court’s supervision. In rare cases, individuals can file Chapter 11 bankruptcy.
Pros: Filing business bankruptcy under Chapter 11 can help you avoid having to close your company – although filing Chapter 7 instead always remains an option. Public companies often choose Chapter 11 because it allows them a chance to become profitable again and to provide value to their shareholders. When you obtain debt relief through a Chapter 11 claim, an automatic stay is put in place, meaning creditors cannot attempt to collect repayment during the term of the stay. Meanwhile, you’re able to create a reorganization plan to pay back debts and regain profitability, usually by renegotiating leases, contracts and other binding agreements. Creditors are often receptive to reorganization under a Chapter 11 business bankruptcy plan, since the payment they receive is more favourable than it would have been under Chapter 7. Since winning a Chapter 11 business bankruptcy discharge does not require selling your assets, if you believe you can make changes that will result in profitability, Chapter 11 could be your best bet.
Cons: Chapter 11 business bankruptcy is very complex, takes a long time to move through the courts and is expensive (i.e. higher filing fees and court costs). The repayment plan can be for long periods of time and can stretch to 20 years or more. And after all that, it won’t necessarily succeed.
Chapter 13 Bankruptcy
Individuals who make too much money to qualify for Chapter 7 bankruptcy may file under Chapter 13, also known as a wage earners plan. The chapter allows individuals and businesses with consistent income to create workable debt repayment plans. The repayment plans are commonly in instalments over the course of a three- to five-year period. In exchange for repaying their creditors, the courts allow these debtors to keep all of their property including non-exempt property.
Pros: Many sole proprietors have personal assets combined with their business assets. In Chapter 13, you can avoid losing your personal assets – versus Chapter 7 business bankruptcy, where some (but not all) of your personal property is exempt from being sold. Chapter 13 also allows more debt to be discharged than Chapter 11, and you can even apply for a Hardship Discharge to have your debts dismissed. It is also typically a faster and cheaper process than Chapter 11.
Cons: It can take up to five years to repay your debts under a Chapter 13 business bankruptcy plan. Your debts are paid with your disposable income, so whatever extra cash you have is committed to debt repayment. If you obtain debt relief by filing business bankruptcy under Chapter 13, you’re barred from filing a Chapter 7 claim for six years. Chapter 13 cases remain on your credit report for 10 years.
Business Bankruptcy Filings
Financially distressed municipalities, including cities, towns, villages, counties, and school districts, may file for bankruptcy under Chapter 9. Under Chapter 9, there is no liquidation of assets to repay the municipality’s debts. Chapter 12 bankruptcy provides relief to “family farmers” or “family fishermen” with regular annual income. Both Chapters 9 and 12 make use of an extended debt repayment plan. Chapter 15 was added in 2005 to deal with cross-border cases which involve debtors, assets, creditors and other parties who may be in more than one country. This type of petition is usually filed in the debtor’s home country.
Being Discharged From Bankruptcy
When a debtor receives a discharge order, he is no longer legally required to pay any of the debts on that order. So, any creditor listed on that discharge cannot legally undertake any type of collection activity (making phone calls, sending letters) against the debtor once the discharge order is enforced. Therefore, the discharge absolves the debtor of any personal liability for the debts specified in the order. But not all debts qualify to be discharged. Some of these include tax claims, anything that was not listed by the debtor, child support or alimony payments, personal injury debts, debts to the government, etc. In addition, any secured creditor can still enforce a lien against property owned by the debtor, provided that lien is still valid. Debtors do not necessarily have the right to a discharge. When a petition for bankruptcy has been filed in court, creditors receive a notice and can object if they choose to do so. If they do, they will need to file a complaint in the court before the deadline. This leads to the filing of an adversary proceeding to recover monies owed or enforce a lien. The discharge from Chapter 7 is usually granted about four months after the debtor files to petition for bankruptcy. For any other type of bankruptcy, the discharge can occur when it becomes practical.
Advantages and Disadvantages of Bankruptcy
Declaring bankruptcy can help relieve you of your legal obligation to pay your debts and save your home, business, or ability to function financially, depending on what kind of bankruptcy petition you file. But it also can lower your credit rating, making it more difficult to get a loan, mortgage, low-rate credit card, or buy a home, apartment, or business in the future. If you’re trying to figure out if you should file, your credit is probably already damaged. A Chapter 7 filing will stay on your credit report for ten years, while a Chapter 13 will remain there for seven. Any creditors you solicit for debt (a loan, credit card, line of credit, or mortgage) will see the discharge on your report, which will prevent you from getting any credit.
Filing For Business Bankruptcy
“Business bankruptcy” isn’t a term anyone wants to think about, especially in regards to their own company. But did you know that filing for business bankruptcy can actually be a smart choice? Certain types of bankruptcies for business allow you to keep your business, while others relieve you from debt obligation. Business bankruptcy doesn’t mean you are a failure or that your life is over. There is life after bankruptcy, and you’re in the right place to discover it.
Situations Where Filing Business Bankruptcy Makes Sense
No one thinks about filing business bankruptcy when they’re making a profit and experiencing organic growth. In almost all cases, the prospect of bankruptcy arises because your business is having problems. You could be in the last phase of the business life cycle, referred to as the decline phase where you lose your competitive advantage and are ready to exit the market. Or you could have made mistakes during the start-up phases of your business and have failed to find ways to generate profit or create a cohesive team. Business bankruptcy is meant to protect your personal assets should your business fail or you are unable to pay your debts. At its core, filing for business bankruptcy allows you to put your mistakes behind you and focus on progress. Whether that progress involves starting another business, reinventing the business you currently have or leaving the world of entrepreneurship to find a career where you do what you love, you must view bankruptcy as a fresh start.
Sole Proprietorship Bankruptcy
A sole proprietorship isn’t a separate legal entity. You’re likely a sole proprietor if you’re the only owner of your business and you haven’t incorporated or set up a specific form of business entity. You and your business are equally liable for debts incurred by the business. Since a sole proprietorship does not offer limited liability to its owner, creditors of the business can go after your personal assets in addition to business assets. This means that if the business does not have sufficient assets, creditors may sue you and try to collect the debt by taking your house, car, or other personal property.
Partnership Bankruptcy
A partnership is a business entity that’s owned by two or more individuals. In many respects, liability is more like that of a sole proprietor than a corporation, with some exceptions for hybrid versions.
• General partnership: A general partnership can be automatically created without any paperwork if two or more people agree to carry on a business or activity for profit. Each partner is considered a general partner and is personally liable for the debts of the partnership. If your business is a general partnership, you will be responsible for the obligations of the business.
• Limited partnership: In a limited partnership, there is at least one general partner and at least one limited partner. The general partner is personally liable for partnership debts while the limited partner is not. This means creditors can collect from the personal assets of the general partner but not the limited partner.
• Limited liability partnership: An LLP is designed to shield all partners from personal liability for the debts of the business. In some states, all partners enjoy limited liability, but there are states that require an LLP to have at least one general partner. Also, in certain states the liability protection of the LLP only applies to negligence claims so all partners may still be liable for business debts arising out of a contract (such as business loans or credit cards).
Corporation Bankruptcy
A corporation is an incorporated entity designed to limit the liability of its owners (called shareholders). Generally, shareholders are not personally liable for the debts of the corporation. Creditors can only collect on their debts by going after the assets of the corporation. Shareholders will usually only be on the hook if they consigned or personally guaranteed the corporation’s debts. However, shareholders may also be held liable if a creditor can prove corporate formalities weren’t followed, shareholders commingled personal and business funds or the corporation was just a shell designed to shield liability. This is called piercing the corporate veil.
Preparing for Financing Problems
You know to expect banks and other lenders to ask about your personal credit history when deciding whether to provide business financing. You might be able to increase your chances of approval by: • preparing a comprehensive business plan • opening the business with a partner with good credit • soliciting investors to fund your business • applying for financing from a small community bank, or • find financing or grants offered as incentives to business by local communities. You might be thinking about turning to the small business administration for funding. If you are, exercise caution. Often, the small business administration requires not only a personal guarantee but will also expect you to use personal assets to secure the business debt—most commonly your home.
When Financing Isn’t in the Cards
Just because you can’t get financed doesn’t mean you have to put aside your dream of working for yourself. You might want to consider: • starting a personal service business that requires little or no operating capital • working as a subcontractor for an established business to reduce your operating capital needs, or • taking advantage of one of the many other independent contractor opportunities afforded by the “gig” economy. Other Considerations Here are a few other things you’ll want to think about before starting your new business after bankruptcy. • Tax or employer identification numbers: If you closed a previous business, you can’t start the new business with the same tax or employer identification numbers. You’ll need to obtain new numbers. • Paying business taxes: Business owners maintain personal responsibility for business taxes. Avoid being stuck with a substantial bill by paying the business and trust fund tax debt. The business collects trust fund taxes from others, such as payroll withholding and sales taxes (but usually not excise taxes) and must transmit the payments. • Extending payment terms to Since financing will be tight in the beginning, make sure that your new business is getting paid for the work it is doing. Extending payment terms to customers that are overly favourable might result in not getting paid at all. • Maintain good business records: If you can secure financing, it is likely that it will be on a short-term but renewable basis. Keep good records so that when the loan is up for renewal, you can provide accurate figures to show that your business is succeeding and its building up.
Business Bankruptcy Attorney
When you need help from a business bankruptcy lawyer, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
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Business Bankruptcy
Bankruptcy is a process a business goes through in federal court. It is designed to help your business eliminate or repay its debt under the guidance and protection of the bankruptcy court. Business bankruptcies are usually described as either liquidations or reorganizations depending on the type of bankruptcy you take. Bankruptcy is the legal proceeding involving a person or business that is unable to repay outstanding debts. The bankruptcy process begins with a petition filed by the debtor, which is most common, or on behalf of creditors, which is less common. All of the debtor’s assets are measured and evaluated, and the assets may be used to repay a portion of outstanding debt.
youtube
Understanding Bankruptcy For Business
Bankruptcy offers an individual or business a chance to start fresh by forgiving debts that simply cannot be paid while offering creditors a chance to obtain some measure of repayment based on the individual’s or business’s assets available for liquidation. In theory, the ability to file for bankruptcy can benefit an overall economy by giving persons and businesses a second chance to gain access to consumer credit and by providing creditors with a measure of debt repayment. Upon the successful completion of bankruptcy proceedings, the debtor is relieved of the debt obligations incurred prior to filing for bankruptcy. All bankruptcy cases in the United States are handled through federal courts. Any decisions over federal bankruptcy cases are made by a bankruptcy judge, including whether a debtor is eligible to file or whether he should be discharged of his debts. Administration over bankruptcy cases is often handled by a trustee, an officer appointed by the United States Trustee Program of the Department of Justice, to represent the debtor’s estate in the proceeding. There is usually very little direct contact between the debtor and the judge unless there is some objection made in the case by a creditor.
Types of Bankruptcy Filings
Bankruptcy filings fall under one of several chapters of the Bankruptcy Code: Chapter 7, which involves liquidation of assets; Chapter 11, which deals with company or individual reorganizations, and Chapter 13, which is debt repayment with lowered debt covenants or specific payment plans. Bankruptcy filing specifications vary among states, leading to higher or lower filing fees depending on how easily a person or company can complete the process.
Chapter 7 Bankruptcy
Individuals or businesses with few or no assets file Chapter 7 bankruptcy. The chapter allows individuals to dispose of their unsecured debts, such as credit cards and medical bills. Individuals with non-exempt assets, such as family heirlooms (collections with high valuations, such as coin or stamp collections), second homes, cash, stocks, or bonds, must liquidate the property to repay some or all of their unsecured debts. So, a person filing Chapter 7 bankruptcy is basically selling off his or her assets to clear debt. Consumers who have no valuable assets and only exempt property, such as household goods, clothing, tools for their trades, and a personal vehicle up to a certain value, repay no part of their unsecured debt. Pros: If you are ready to start a new business or explore other career options, Chapter 7 could fit the bill. Chapter 7 business bankruptcy allows you to eliminate most (if not all) of your unsecured debts, including medical bills, personal loans, payday loans, cash advance loans and credit card debt. Once you file for Chapter 7 bankruptcy, it typically takes about six months to receive your discharge.
youtube
Cons: In this type of business bankruptcy, the company goes out of business. A Chapter 7 discharge does not relieve certain debts, including mortgages and car loans, and it can also result in the loss of property if your equity is non-exempt. If you plan to reorganize and start your existing business anew, this is not the right type of business bankruptcy to file. A Chapter 7 bankruptcy will appear on your credit report for 10 years, and you won’t be able to file Chapter 7 and receive debt discharge again within eight years.
Chapter 11 Bankruptcy
Businesses often file Chapter 11 bankruptcy, the goal of which is to reorganize and once again become profitable. Filing Chapter 11 bankruptcy allows a company to create plans for profitability, cut costs, and finds new ways to increase revenue. Preferred stockholders may still receive payments, though common stockholders will not.
youtube
For example, a housekeeping business filing Chapter 11 bankruptcy might increase its rates slightly and offer more services to become profitable. Chapter 11 bankruptcy allows a business to continue conducting its business activities without interruption while working on a debt repayment plan under the court’s supervision. In rare cases, individuals can file Chapter 11 bankruptcy.
Pros: Filing business bankruptcy under Chapter 11 can help you avoid having to close your company – although filing Chapter 7 instead always remains an option. Public companies often choose Chapter 11 because it allows them a chance to become profitable again and to provide value to their shareholders. When you obtain debt relief through a Chapter 11 claim, an automatic stay is put in place, meaning creditors cannot attempt to collect repayment during the term of the stay. Meanwhile, you’re able to create a reorganization plan to pay back debts and regain profitability, usually by renegotiating leases, contracts and other binding agreements. Creditors are often receptive to reorganization under a Chapter 11 business bankruptcy plan, since the payment they receive is more favourable than it would have been under Chapter 7. Since winning a Chapter 11 business bankruptcy discharge does not require selling your assets, if you believe you can make changes that will result in profitability, Chapter 11 could be your best bet.
Cons: Chapter 11 business bankruptcy is very complex, takes a long time to move through the courts and is expensive (i.e. higher filing fees and court costs). The repayment plan can be for long periods of time and can stretch to 20 years or more. And after all that, it won’t necessarily succeed.
Chapter 13 Bankruptcy
Individuals who make too much money to qualify for Chapter 7 bankruptcy may file under Chapter 13, also known as a wage earners plan. The chapter allows individuals and businesses with consistent income to create workable debt repayment plans. The repayment plans are commonly in instalments over the course of a three- to five-year period. In exchange for repaying their creditors, the courts allow these debtors to keep all of their property including non-exempt property.
Pros: Many sole proprietors have personal assets combined with their business assets. In Chapter 13, you can avoid losing your personal assets – versus Chapter 7 business bankruptcy, where some (but not all) of your personal property is exempt from being sold. Chapter 13 also allows more debt to be discharged than Chapter 11, and you can even apply for a Hardship Discharge to have your debts dismissed. It is also typically a faster and cheaper process than Chapter 11.
Cons: It can take up to five years to repay your debts under a Chapter 13 business bankruptcy plan. Your debts are paid with your disposable income, so whatever extra cash you have is committed to debt repayment. If you obtain debt relief by filing business bankruptcy under Chapter 13, you’re barred from filing a Chapter 7 claim for six years. Chapter 13 cases remain on your credit report for 10 years.
Business Bankruptcy Filings
Financially distressed municipalities, including cities, towns, villages, counties, and school districts, may file for bankruptcy under Chapter 9. Under Chapter 9, there is no liquidation of assets to repay the municipality’s debts. Chapter 12 bankruptcy provides relief to “family farmers” or “family fishermen” with regular annual income. Both Chapters 9 and 12 make use of an extended debt repayment plan. Chapter 15 was added in 2005 to deal with cross-border cases which involve debtors, assets, creditors and other parties who may be in more than one country. This type of petition is usually filed in the debtor’s home country.
Being Discharged From Bankruptcy
When a debtor receives a discharge order, he is no longer legally required to pay any of the debts on that order. So, any creditor listed on that discharge cannot legally undertake any type of collection activity (making phone calls, sending letters) against the debtor once the discharge order is enforced. Therefore, the discharge absolves the debtor of any personal liability for the debts specified in the order. But not all debts qualify to be discharged. Some of these include tax claims, anything that was not listed by the debtor, child support or alimony payments, personal injury debts, debts to the government, etc. In addition, any secured creditor can still enforce a lien against property owned by the debtor, provided that lien is still valid. Debtors do not necessarily have the right to a discharge. When a petition for bankruptcy has been filed in court, creditors receive a notice and can object if they choose to do so. If they do, they will need to file a complaint in the court before the deadline. This leads to the filing of an adversary proceeding to recover monies owed or enforce a lien. The discharge from Chapter 7 is usually granted about four months after the debtor files to petition for bankruptcy. For any other type of bankruptcy, the discharge can occur when it becomes practical.
youtube
Advantages and Disadvantages of Bankruptcy
Declaring bankruptcy can help relieve you of your legal obligation to pay your debts and save your home, business, or ability to function financially, depending on what kind of bankruptcy petition you file. But it also can lower your credit rating, making it more difficult to get a loan, mortgage, low-rate credit card, or buy a home, apartment, or business in the future. If you’re trying to figure out if you should file, your credit is probably already damaged. A Chapter 7 filing will stay on your credit report for ten years, while a Chapter 13 will remain there for seven. Any creditors you solicit for debt (a loan, credit card, line of credit, or mortgage) will see the discharge on your report, which will prevent you from getting any credit.
Filing For Business Bankruptcy
“Business bankruptcy” isn’t a term anyone wants to think about, especially in regards to their own company. But did you know that filing for business bankruptcy can actually be a smart choice? Certain types of bankruptcies for business allow you to keep your business, while others relieve you from debt obligation. Business bankruptcy doesn’t mean you are a failure or that your life is over. There is life after bankruptcy, and you’re in the right place to discover it.
Situations Where Filing Business Bankruptcy Makes Sense
No one thinks about filing business bankruptcy when they’re making a profit and experiencing organic growth. In almost all cases, the prospect of bankruptcy arises because your business is having problems. You could be in the last phase of the business life cycle, referred to as the decline phase where you lose your competitive advantage and are ready to exit the market. Or you could have made mistakes during the start-up phases of your business and have failed to find ways to generate profit or create a cohesive team. Business bankruptcy is meant to protect your personal assets should your business fail or you are unable to pay your debts. At its core, filing for business bankruptcy allows you to put your mistakes behind you and focus on progress. Whether that progress involves starting another business, reinventing the business you currently have or leaving the world of entrepreneurship to find a career where you do what you love, you must view bankruptcy as a fresh start.
Sole Proprietorship Bankruptcy
A sole proprietorship isn’t a separate legal entity. You’re likely a sole proprietor if you’re the only owner of your business and you haven’t incorporated or set up a specific form of business entity. You and your business are equally liable for debts incurred by the business. Since a sole proprietorship does not offer limited liability to its owner, creditors of the business can go after your personal assets in addition to business assets. This means that if the business does not have sufficient assets, creditors may sue you and try to collect the debt by taking your house, car, or other personal property.
Partnership Bankruptcy
A partnership is a business entity that’s owned by two or more individuals. In many respects, liability is more like that of a sole proprietor than a corporation, with some exceptions for hybrid versions.
• General partnership: A general partnership can be automatically created without any paperwork if two or more people agree to carry on a business or activity for profit. Each partner is considered a general partner and is personally liable for the debts of the partnership. If your business is a general partnership, you will be responsible for the obligations of the business.
• Limited partnership: In a limited partnership, there is at least one general partner and at least one limited partner. The general partner is personally liable for partnership debts while the limited partner is not. This means creditors can collect from the personal assets of the general partner but not the limited partner.
• Limited liability partnership: An LLP is designed to shield all partners from personal liability for the debts of the business. In some states, all partners enjoy limited liability, but there are states that require an LLP to have at least one general partner. Also, in certain states the liability protection of the LLP only applies to negligence claims so all partners may still be liable for business debts arising out of a contract (such as business loans or credit cards).
Corporation Bankruptcy
A corporation is an incorporated entity designed to limit the liability of its owners (called shareholders). Generally, shareholders are not personally liable for the debts of the corporation. Creditors can only collect on their debts by going after the assets of the corporation. Shareholders will usually only be on the hook if they consigned or personally guaranteed the corporation’s debts. However, shareholders may also be held liable if a creditor can prove corporate formalities weren’t followed, shareholders commingled personal and business funds or the corporation was just a shell designed to shield liability. This is called piercing the corporate veil.
Preparing for Financing Problems
You know to expect banks and other lenders to ask about your personal credit history when deciding whether to provide business financing. You might be able to increase your chances of approval by: • preparing a comprehensive business plan • opening the business with a partner with good credit • soliciting investors to fund your business • applying for financing from a small community bank, or • find financing or grants offered as incentives to business by local communities. You might be thinking about turning to the small business administration for funding. If you are, exercise caution. Often, the small business administration requires not only a personal guarantee but will also expect you to use personal assets to secure the business debt—most commonly your home.
When Financing Isn’t in the Cards
Just because you can’t get financed doesn’t mean you have to put aside your dream of working for yourself. You might want to consider: • starting a personal service business that requires little or no operating capital • working as a subcontractor for an established business to reduce your operating capital needs, or • taking advantage of one of the many other independent contractor opportunities afforded by the “gig” economy. Other Considerations Here are a few other things you’ll want to think about before starting your new business after bankruptcy. • Tax or employer identification numbers: If you closed a previous business, you can’t start the new business with the same tax or employer identification numbers. You’ll need to obtain new numbers. • Paying business taxes: Business owners maintain personal responsibility for business taxes. Avoid being stuck with a substantial bill by paying the business and trust fund tax debt. The business collects trust fund taxes from others, such as payroll withholding and sales taxes (but usually not excise taxes) and must transmit the payments. • Extending payment terms to Since financing will be tight in the beginning, make sure that your new business is getting paid for the work it is doing. Extending payment terms to customers that are overly favourable might result in not getting paid at all. • Maintain good business records: If you can secure financing, it is likely that it will be on a short-term but renewable basis. Keep good records so that when the loan is up for renewal, you can provide accurate figures to show that your business is succeeding and its building up.
Business Bankruptcy Attorney
When you need help from a business bankruptcy lawyer, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
Strategic Bankruptcy In Foreclosure
Work At Home Scams
Business Plans
When To Change Your Will
Pollution And A Safe Environment
Foreclosure Lawyer Magna Utah
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The post Business Bankruptcy first appeared on Michael Anderson.
Source: https://www.ascentlawfirm.com/business-bankruptcy/
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melissawalker01 · 5 years ago
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Business Bankruptcy
Bankruptcy is a process a business goes through in federal court. It is designed to help your business eliminate or repay its debt under the guidance and protection of the bankruptcy court. Business bankruptcies are usually described as either liquidations or reorganizations depending on the type of bankruptcy you take. Bankruptcy is the legal proceeding involving a person or business that is unable to repay outstanding debts. The bankruptcy process begins with a petition filed by the debtor, which is most common, or on behalf of creditors, which is less common. All of the debtor’s assets are measured and evaluated, and the assets may be used to repay a portion of outstanding debt.
youtube
Understanding Bankruptcy For Business
Bankruptcy offers an individual or business a chance to start fresh by forgiving debts that simply cannot be paid while offering creditors a chance to obtain some measure of repayment based on the individual’s or business’s assets available for liquidation. In theory, the ability to file for bankruptcy can benefit an overall economy by giving persons and businesses a second chance to gain access to consumer credit and by providing creditors with a measure of debt repayment. Upon the successful completion of bankruptcy proceedings, the debtor is relieved of the debt obligations incurred prior to filing for bankruptcy. All bankruptcy cases in the United States are handled through federal courts. Any decisions over federal bankruptcy cases are made by a bankruptcy judge, including whether a debtor is eligible to file or whether he should be discharged of his debts. Administration over bankruptcy cases is often handled by a trustee, an officer appointed by the United States Trustee Program of the Department of Justice, to represent the debtor’s estate in the proceeding. There is usually very little direct contact between the debtor and the judge unless there is some objection made in the case by a creditor.
Types of Bankruptcy Filings
Bankruptcy filings fall under one of several chapters of the Bankruptcy Code: Chapter 7, which involves liquidation of assets; Chapter 11, which deals with company or individual reorganizations, and Chapter 13, which is debt repayment with lowered debt covenants or specific payment plans. Bankruptcy filing specifications vary among states, leading to higher or lower filing fees depending on how easily a person or company can complete the process.
Chapter 7 Bankruptcy
Individuals or businesses with few or no assets file Chapter 7 bankruptcy. The chapter allows individuals to dispose of their unsecured debts, such as credit cards and medical bills. Individuals with non-exempt assets, such as family heirlooms (collections with high valuations, such as coin or stamp collections), second homes, cash, stocks, or bonds, must liquidate the property to repay some or all of their unsecured debts. So, a person filing Chapter 7 bankruptcy is basically selling off his or her assets to clear debt. Consumers who have no valuable assets and only exempt property, such as household goods, clothing, tools for their trades, and a personal vehicle up to a certain value, repay no part of their unsecured debt. Pros: If you are ready to start a new business or explore other career options, Chapter 7 could fit the bill. Chapter 7 business bankruptcy allows you to eliminate most (if not all) of your unsecured debts, including medical bills, personal loans, payday loans, cash advance loans and credit card debt. Once you file for Chapter 7 bankruptcy, it typically takes about six months to receive your discharge.
youtube
Cons: In this type of business bankruptcy, the company goes out of business. A Chapter 7 discharge does not relieve certain debts, including mortgages and car loans, and it can also result in the loss of property if your equity is non-exempt. If you plan to reorganize and start your existing business anew, this is not the right type of business bankruptcy to file. A Chapter 7 bankruptcy will appear on your credit report for 10 years, and you won’t be able to file Chapter 7 and receive debt discharge again within eight years.
Chapter 11 Bankruptcy
Businesses often file Chapter 11 bankruptcy, the goal of which is to reorganize and once again become profitable. Filing Chapter 11 bankruptcy allows a company to create plans for profitability, cut costs, and finds new ways to increase revenue. Preferred stockholders may still receive payments, though common stockholders will not.
youtube
For example, a housekeeping business filing Chapter 11 bankruptcy might increase its rates slightly and offer more services to become profitable. Chapter 11 bankruptcy allows a business to continue conducting its business activities without interruption while working on a debt repayment plan under the court’s supervision. In rare cases, individuals can file Chapter 11 bankruptcy.
Pros: Filing business bankruptcy under Chapter 11 can help you avoid having to close your company – although filing Chapter 7 instead always remains an option. Public companies often choose Chapter 11 because it allows them a chance to become profitable again and to provide value to their shareholders. When you obtain debt relief through a Chapter 11 claim, an automatic stay is put in place, meaning creditors cannot attempt to collect repayment during the term of the stay. Meanwhile, you’re able to create a reorganization plan to pay back debts and regain profitability, usually by renegotiating leases, contracts and other binding agreements. Creditors are often receptive to reorganization under a Chapter 11 business bankruptcy plan, since the payment they receive is more favourable than it would have been under Chapter 7. Since winning a Chapter 11 business bankruptcy discharge does not require selling your assets, if you believe you can make changes that will result in profitability, Chapter 11 could be your best bet.
Cons: Chapter 11 business bankruptcy is very complex, takes a long time to move through the courts and is expensive (i.e. higher filing fees and court costs). The repayment plan can be for long periods of time and can stretch to 20 years or more. And after all that, it won’t necessarily succeed.
Chapter 13 Bankruptcy
Individuals who make too much money to qualify for Chapter 7 bankruptcy may file under Chapter 13, also known as a wage earners plan. The chapter allows individuals and businesses with consistent income to create workable debt repayment plans. The repayment plans are commonly in instalments over the course of a three- to five-year period. In exchange for repaying their creditors, the courts allow these debtors to keep all of their property including non-exempt property.
Pros: Many sole proprietors have personal assets combined with their business assets. In Chapter 13, you can avoid losing your personal assets – versus Chapter 7 business bankruptcy, where some (but not all) of your personal property is exempt from being sold. Chapter 13 also allows more debt to be discharged than Chapter 11, and you can even apply for a Hardship Discharge to have your debts dismissed. It is also typically a faster and cheaper process than Chapter 11.
Cons: It can take up to five years to repay your debts under a Chapter 13 business bankruptcy plan. Your debts are paid with your disposable income, so whatever extra cash you have is committed to debt repayment. If you obtain debt relief by filing business bankruptcy under Chapter 13, you’re barred from filing a Chapter 7 claim for six years. Chapter 13 cases remain on your credit report for 10 years.
Business Bankruptcy Filings
Financially distressed municipalities, including cities, towns, villages, counties, and school districts, may file for bankruptcy under Chapter 9. Under Chapter 9, there is no liquidation of assets to repay the municipality’s debts. Chapter 12 bankruptcy provides relief to “family farmers” or “family fishermen” with regular annual income. Both Chapters 9 and 12 make use of an extended debt repayment plan. Chapter 15 was added in 2005 to deal with cross-border cases which involve debtors, assets, creditors and other parties who may be in more than one country. This type of petition is usually filed in the debtor’s home country.
Being Discharged From Bankruptcy
When a debtor receives a discharge order, he is no longer legally required to pay any of the debts on that order. So, any creditor listed on that discharge cannot legally undertake any type of collection activity (making phone calls, sending letters) against the debtor once the discharge order is enforced. Therefore, the discharge absolves the debtor of any personal liability for the debts specified in the order. But not all debts qualify to be discharged. Some of these include tax claims, anything that was not listed by the debtor, child support or alimony payments, personal injury debts, debts to the government, etc. In addition, any secured creditor can still enforce a lien against property owned by the debtor, provided that lien is still valid. Debtors do not necessarily have the right to a discharge. When a petition for bankruptcy has been filed in court, creditors receive a notice and can object if they choose to do so. If they do, they will need to file a complaint in the court before the deadline. This leads to the filing of an adversary proceeding to recover monies owed or enforce a lien. The discharge from Chapter 7 is usually granted about four months after the debtor files to petition for bankruptcy. For any other type of bankruptcy, the discharge can occur when it becomes practical.
youtube
Advantages and Disadvantages of Bankruptcy
Declaring bankruptcy can help relieve you of your legal obligation to pay your debts and save your home, business, or ability to function financially, depending on what kind of bankruptcy petition you file. But it also can lower your credit rating, making it more difficult to get a loan, mortgage, low-rate credit card, or buy a home, apartment, or business in the future. If you’re trying to figure out if you should file, your credit is probably already damaged. A Chapter 7 filing will stay on your credit report for ten years, while a Chapter 13 will remain there for seven. Any creditors you solicit for debt (a loan, credit card, line of credit, or mortgage) will see the discharge on your report, which will prevent you from getting any credit.
Filing For Business Bankruptcy
“Business bankruptcy” isn’t a term anyone wants to think about, especially in regards to their own company. But did you know that filing for business bankruptcy can actually be a smart choice? Certain types of bankruptcies for business allow you to keep your business, while others relieve you from debt obligation. Business bankruptcy doesn’t mean you are a failure or that your life is over. There is life after bankruptcy, and you’re in the right place to discover it.
Situations Where Filing Business Bankruptcy Makes Sense
No one thinks about filing business bankruptcy when they’re making a profit and experiencing organic growth. In almost all cases, the prospect of bankruptcy arises because your business is having problems. You could be in the last phase of the business life cycle, referred to as the decline phase where you lose your competitive advantage and are ready to exit the market. Or you could have made mistakes during the start-up phases of your business and have failed to find ways to generate profit or create a cohesive team. Business bankruptcy is meant to protect your personal assets should your business fail or you are unable to pay your debts. At its core, filing for business bankruptcy allows you to put your mistakes behind you and focus on progress. Whether that progress involves starting another business, reinventing the business you currently have or leaving the world of entrepreneurship to find a career where you do what you love, you must view bankruptcy as a fresh start.
Sole Proprietorship Bankruptcy
A sole proprietorship isn’t a separate legal entity. You’re likely a sole proprietor if you’re the only owner of your business and you haven’t incorporated or set up a specific form of business entity. You and your business are equally liable for debts incurred by the business. Since a sole proprietorship does not offer limited liability to its owner, creditors of the business can go after your personal assets in addition to business assets. This means that if the business does not have sufficient assets, creditors may sue you and try to collect the debt by taking your house, car, or other personal property.
Partnership Bankruptcy
A partnership is a business entity that’s owned by two or more individuals. In many respects, liability is more like that of a sole proprietor than a corporation, with some exceptions for hybrid versions.
• General partnership: A general partnership can be automatically created without any paperwork if two or more people agree to carry on a business or activity for profit. Each partner is considered a general partner and is personally liable for the debts of the partnership. If your business is a general partnership, you will be responsible for the obligations of the business.
• Limited partnership: In a limited partnership, there is at least one general partner and at least one limited partner. The general partner is personally liable for partnership debts while the limited partner is not. This means creditors can collect from the personal assets of the general partner but not the limited partner.
• Limited liability partnership: An LLP is designed to shield all partners from personal liability for the debts of the business. In some states, all partners enjoy limited liability, but there are states that require an LLP to have at least one general partner. Also, in certain states the liability protection of the LLP only applies to negligence claims so all partners may still be liable for business debts arising out of a contract (such as business loans or credit cards).
Corporation Bankruptcy
A corporation is an incorporated entity designed to limit the liability of its owners (called shareholders). Generally, shareholders are not personally liable for the debts of the corporation. Creditors can only collect on their debts by going after the assets of the corporation. Shareholders will usually only be on the hook if they consigned or personally guaranteed the corporation’s debts. However, shareholders may also be held liable if a creditor can prove corporate formalities weren’t followed, shareholders commingled personal and business funds or the corporation was just a shell designed to shield liability. This is called piercing the corporate veil.
Preparing for Financing Problems
You know to expect banks and other lenders to ask about your personal credit history when deciding whether to provide business financing. You might be able to increase your chances of approval by: • preparing a comprehensive business plan • opening the business with a partner with good credit • soliciting investors to fund your business • applying for financing from a small community bank, or • find financing or grants offered as incentives to business by local communities. You might be thinking about turning to the small business administration for funding. If you are, exercise caution. Often, the small business administration requires not only a personal guarantee but will also expect you to use personal assets to secure the business debt—most commonly your home.
When Financing Isn’t in the Cards
Just because you can’t get financed doesn’t mean you have to put aside your dream of working for yourself. You might want to consider: • starting a personal service business that requires little or no operating capital • working as a subcontractor for an established business to reduce your operating capital needs, or • taking advantage of one of the many other independent contractor opportunities afforded by the “gig” economy. Other Considerations Here are a few other things you’ll want to think about before starting your new business after bankruptcy. • Tax or employer identification numbers: If you closed a previous business, you can’t start the new business with the same tax or employer identification numbers. You’ll need to obtain new numbers. • Paying business taxes: Business owners maintain personal responsibility for business taxes. Avoid being stuck with a substantial bill by paying the business and trust fund tax debt. The business collects trust fund taxes from others, such as payroll withholding and sales taxes (but usually not excise taxes) and must transmit the payments. • Extending payment terms to Since financing will be tight in the beginning, make sure that your new business is getting paid for the work it is doing. Extending payment terms to customers that are overly favourable might result in not getting paid at all. • Maintain good business records: If you can secure financing, it is likely that it will be on a short-term but renewable basis. Keep good records so that when the loan is up for renewal, you can provide accurate figures to show that your business is succeeding and its building up.
Business Bankruptcy Attorney
When you need help from a business bankruptcy lawyer, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
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Strategic Bankruptcy In Foreclosure
Work At Home Scams
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from Michael Anderson https://www.ascentlawfirm.com/business-bankruptcy/ from Divorce Lawyer Nelson Farms Utah https://divorcelawyernelsonfarmsutah.tumblr.com/post/628565788201222144
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coming-from-hell · 5 years ago
Text
Business Bankruptcy
Bankruptcy is a process a business goes through in federal court. It is designed to help your business eliminate or repay its debt under the guidance and protection of the bankruptcy court. Business bankruptcies are usually described as either liquidations or reorganizations depending on the type of bankruptcy you take. Bankruptcy is the legal proceeding involving a person or business that is unable to repay outstanding debts. The bankruptcy process begins with a petition filed by the debtor, which is most common, or on behalf of creditors, which is less common. All of the debtor’s assets are measured and evaluated, and the assets may be used to repay a portion of outstanding debt.
youtube
Understanding Bankruptcy For Business
Bankruptcy offers an individual or business a chance to start fresh by forgiving debts that simply cannot be paid while offering creditors a chance to obtain some measure of repayment based on the individual’s or business’s assets available for liquidation. In theory, the ability to file for bankruptcy can benefit an overall economy by giving persons and businesses a second chance to gain access to consumer credit and by providing creditors with a measure of debt repayment. Upon the successful completion of bankruptcy proceedings, the debtor is relieved of the debt obligations incurred prior to filing for bankruptcy. All bankruptcy cases in the United States are handled through federal courts. Any decisions over federal bankruptcy cases are made by a bankruptcy judge, including whether a debtor is eligible to file or whether he should be discharged of his debts. Administration over bankruptcy cases is often handled by a trustee, an officer appointed by the United States Trustee Program of the Department of Justice, to represent the debtor’s estate in the proceeding. There is usually very little direct contact between the debtor and the judge unless there is some objection made in the case by a creditor.
Types of Bankruptcy Filings
Bankruptcy filings fall under one of several chapters of the Bankruptcy Code: Chapter 7, which involves liquidation of assets; Chapter 11, which deals with company or individual reorganizations, and Chapter 13, which is debt repayment with lowered debt covenants or specific payment plans. Bankruptcy filing specifications vary among states, leading to higher or lower filing fees depending on how easily a person or company can complete the process.
Chapter 7 Bankruptcy
Individuals or businesses with few or no assets file Chapter 7 bankruptcy. The chapter allows individuals to dispose of their unsecured debts, such as credit cards and medical bills. Individuals with non-exempt assets, such as family heirlooms (collections with high valuations, such as coin or stamp collections), second homes, cash, stocks, or bonds, must liquidate the property to repay some or all of their unsecured debts. So, a person filing Chapter 7 bankruptcy is basically selling off his or her assets to clear debt. Consumers who have no valuable assets and only exempt property, such as household goods, clothing, tools for their trades, and a personal vehicle up to a certain value, repay no part of their unsecured debt. Pros: If you are ready to start a new business or explore other career options, Chapter 7 could fit the bill. Chapter 7 business bankruptcy allows you to eliminate most (if not all) of your unsecured debts, including medical bills, personal loans, payday loans, cash advance loans and credit card debt. Once you file for Chapter 7 bankruptcy, it typically takes about six months to receive your discharge.
youtube
Cons: In this type of business bankruptcy, the company goes out of business. A Chapter 7 discharge does not relieve certain debts, including mortgages and car loans, and it can also result in the loss of property if your equity is non-exempt. If you plan to reorganize and start your existing business anew, this is not the right type of business bankruptcy to file. A Chapter 7 bankruptcy will appear on your credit report for 10 years, and you won’t be able to file Chapter 7 and receive debt discharge again within eight years.
Chapter 11 Bankruptcy
Businesses often file Chapter 11 bankruptcy, the goal of which is to reorganize and once again become profitable. Filing Chapter 11 bankruptcy allows a company to create plans for profitability, cut costs, and finds new ways to increase revenue. Preferred stockholders may still receive payments, though common stockholders will not.
youtube
For example, a housekeeping business filing Chapter 11 bankruptcy might increase its rates slightly and offer more services to become profitable. Chapter 11 bankruptcy allows a business to continue conducting its business activities without interruption while working on a debt repayment plan under the court’s supervision. In rare cases, individuals can file Chapter 11 bankruptcy.
Pros: Filing business bankruptcy under Chapter 11 can help you avoid having to close your company – although filing Chapter 7 instead always remains an option. Public companies often choose Chapter 11 because it allows them a chance to become profitable again and to provide value to their shareholders. When you obtain debt relief through a Chapter 11 claim, an automatic stay is put in place, meaning creditors cannot attempt to collect repayment during the term of the stay. Meanwhile, you’re able to create a reorganization plan to pay back debts and regain profitability, usually by renegotiating leases, contracts and other binding agreements. Creditors are often receptive to reorganization under a Chapter 11 business bankruptcy plan, since the payment they receive is more favourable than it would have been under Chapter 7. Since winning a Chapter 11 business bankruptcy discharge does not require selling your assets, if you believe you can make changes that will result in profitability, Chapter 11 could be your best bet.
Cons: Chapter 11 business bankruptcy is very complex, takes a long time to move through the courts and is expensive (i.e. higher filing fees and court costs). The repayment plan can be for long periods of time and can stretch to 20 years or more. And after all that, it won’t necessarily succeed.
Chapter 13 Bankruptcy
Individuals who make too much money to qualify for Chapter 7 bankruptcy may file under Chapter 13, also known as a wage earners plan. The chapter allows individuals and businesses with consistent income to create workable debt repayment plans. The repayment plans are commonly in instalments over the course of a three- to five-year period. In exchange for repaying their creditors, the courts allow these debtors to keep all of their property including non-exempt property.
Pros: Many sole proprietors have personal assets combined with their business assets. In Chapter 13, you can avoid losing your personal assets – versus Chapter 7 business bankruptcy, where some (but not all) of your personal property is exempt from being sold. Chapter 13 also allows more debt to be discharged than Chapter 11, and you can even apply for a Hardship Discharge to have your debts dismissed. It is also typically a faster and cheaper process than Chapter 11.
Cons: It can take up to five years to repay your debts under a Chapter 13 business bankruptcy plan. Your debts are paid with your disposable income, so whatever extra cash you have is committed to debt repayment. If you obtain debt relief by filing business bankruptcy under Chapter 13, you’re barred from filing a Chapter 7 claim for six years. Chapter 13 cases remain on your credit report for 10 years.
Business Bankruptcy Filings
Financially distressed municipalities, including cities, towns, villages, counties, and school districts, may file for bankruptcy under Chapter 9. Under Chapter 9, there is no liquidation of assets to repay the municipality’s debts. Chapter 12 bankruptcy provides relief to “family farmers” or “family fishermen” with regular annual income. Both Chapters 9 and 12 make use of an extended debt repayment plan. Chapter 15 was added in 2005 to deal with cross-border cases which involve debtors, assets, creditors and other parties who may be in more than one country. This type of petition is usually filed in the debtor’s home country.
Being Discharged From Bankruptcy
When a debtor receives a discharge order, he is no longer legally required to pay any of the debts on that order. So, any creditor listed on that discharge cannot legally undertake any type of collection activity (making phone calls, sending letters) against the debtor once the discharge order is enforced. Therefore, the discharge absolves the debtor of any personal liability for the debts specified in the order. But not all debts qualify to be discharged. Some of these include tax claims, anything that was not listed by the debtor, child support or alimony payments, personal injury debts, debts to the government, etc. In addition, any secured creditor can still enforce a lien against property owned by the debtor, provided that lien is still valid. Debtors do not necessarily have the right to a discharge. When a petition for bankruptcy has been filed in court, creditors receive a notice and can object if they choose to do so. If they do, they will need to file a complaint in the court before the deadline. This leads to the filing of an adversary proceeding to recover monies owed or enforce a lien. The discharge from Chapter 7 is usually granted about four months after the debtor files to petition for bankruptcy. For any other type of bankruptcy, the discharge can occur when it becomes practical.
youtube
Advantages and Disadvantages of Bankruptcy
Declaring bankruptcy can help relieve you of your legal obligation to pay your debts and save your home, business, or ability to function financially, depending on what kind of bankruptcy petition you file. But it also can lower your credit rating, making it more difficult to get a loan, mortgage, low-rate credit card, or buy a home, apartment, or business in the future. If you’re trying to figure out if you should file, your credit is probably already damaged. A Chapter 7 filing will stay on your credit report for ten years, while a Chapter 13 will remain there for seven. Any creditors you solicit for debt (a loan, credit card, line of credit, or mortgage) will see the discharge on your report, which will prevent you from getting any credit.
Filing For Business Bankruptcy
“Business bankruptcy” isn’t a term anyone wants to think about, especially in regards to their own company. But did you know that filing for business bankruptcy can actually be a smart choice? Certain types of bankruptcies for business allow you to keep your business, while others relieve you from debt obligation. Business bankruptcy doesn’t mean you are a failure or that your life is over. There is life after bankruptcy, and you’re in the right place to discover it.
Situations Where Filing Business Bankruptcy Makes Sense
No one thinks about filing business bankruptcy when they’re making a profit and experiencing organic growth. In almost all cases, the prospect of bankruptcy arises because your business is having problems. You could be in the last phase of the business life cycle, referred to as the decline phase where you lose your competitive advantage and are ready to exit the market. Or you could have made mistakes during the start-up phases of your business and have failed to find ways to generate profit or create a cohesive team. Business bankruptcy is meant to protect your personal assets should your business fail or you are unable to pay your debts. At its core, filing for business bankruptcy allows you to put your mistakes behind you and focus on progress. Whether that progress involves starting another business, reinventing the business you currently have or leaving the world of entrepreneurship to find a career where you do what you love, you must view bankruptcy as a fresh start.
Sole Proprietorship Bankruptcy
A sole proprietorship isn’t a separate legal entity. You’re likely a sole proprietor if you’re the only owner of your business and you haven’t incorporated or set up a specific form of business entity. You and your business are equally liable for debts incurred by the business. Since a sole proprietorship does not offer limited liability to its owner, creditors of the business can go after your personal assets in addition to business assets. This means that if the business does not have sufficient assets, creditors may sue you and try to collect the debt by taking your house, car, or other personal property.
Partnership Bankruptcy
A partnership is a business entity that’s owned by two or more individuals. In many respects, liability is more like that of a sole proprietor than a corporation, with some exceptions for hybrid versions.
• General partnership: A general partnership can be automatically created without any paperwork if two or more people agree to carry on a business or activity for profit. Each partner is considered a general partner and is personally liable for the debts of the partnership. If your business is a general partnership, you will be responsible for the obligations of the business.
• Limited partnership: In a limited partnership, there is at least one general partner and at least one limited partner. The general partner is personally liable for partnership debts while the limited partner is not. This means creditors can collect from the personal assets of the general partner but not the limited partner.
• Limited liability partnership: An LLP is designed to shield all partners from personal liability for the debts of the business. In some states, all partners enjoy limited liability, but there are states that require an LLP to have at least one general partner. Also, in certain states the liability protection of the LLP only applies to negligence claims so all partners may still be liable for business debts arising out of a contract (such as business loans or credit cards).
Corporation Bankruptcy
A corporation is an incorporated entity designed to limit the liability of its owners (called shareholders). Generally, shareholders are not personally liable for the debts of the corporation. Creditors can only collect on their debts by going after the assets of the corporation. Shareholders will usually only be on the hook if they consigned or personally guaranteed the corporation’s debts. However, shareholders may also be held liable if a creditor can prove corporate formalities weren’t followed, shareholders commingled personal and business funds or the corporation was just a shell designed to shield liability. This is called piercing the corporate veil.
Preparing for Financing Problems
You know to expect banks and other lenders to ask about your personal credit history when deciding whether to provide business financing. You might be able to increase your chances of approval by: • preparing a comprehensive business plan • opening the business with a partner with good credit • soliciting investors to fund your business • applying for financing from a small community bank, or • find financing or grants offered as incentives to business by local communities. You might be thinking about turning to the small business administration for funding. If you are, exercise caution. Often, the small business administration requires not only a personal guarantee but will also expect you to use personal assets to secure the business debt—most commonly your home.
When Financing Isn’t in the Cards
Just because you can’t get financed doesn’t mean you have to put aside your dream of working for yourself. You might want to consider: • starting a personal service business that requires little or no operating capital • working as a subcontractor for an established business to reduce your operating capital needs, or • taking advantage of one of the many other independent contractor opportunities afforded by the “gig” economy. Other Considerations Here are a few other things you’ll want to think about before starting your new business after bankruptcy. • Tax or employer identification numbers: If you closed a previous business, you can’t start the new business with the same tax or employer identification numbers. You’ll need to obtain new numbers. • Paying business taxes: Business owners maintain personal responsibility for business taxes. Avoid being stuck with a substantial bill by paying the business and trust fund tax debt. The business collects trust fund taxes from others, such as payroll withholding and sales taxes (but usually not excise taxes) and must transmit the payments. • Extending payment terms to Since financing will be tight in the beginning, make sure that your new business is getting paid for the work it is doing. Extending payment terms to customers that are overly favourable might result in not getting paid at all. • Maintain good business records: If you can secure financing, it is likely that it will be on a short-term but renewable basis. Keep good records so that when the loan is up for renewal, you can provide accurate figures to show that your business is succeeding and its building up.
Business Bankruptcy Attorney
When you need help from a business bankruptcy lawyer, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
Strategic Bankruptcy In Foreclosure
Work At Home Scams
Business Plans
When To Change Your Will
Pollution And A Safe Environment
Foreclosure Lawyer Magna Utah
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The post Business Bankruptcy first appeared on Michael Anderson.
Source: https://www.ascentlawfirm.com/business-bankruptcy/
0 notes
divorcelawyergunnisonutah · 5 years ago
Text
Business Bankruptcy
Bankruptcy is a process a business goes through in federal court. It is designed to help your business eliminate or repay its debt under the guidance and protection of the bankruptcy court. Business bankruptcies are usually described as either liquidations or reorganizations depending on the type of bankruptcy you take. Bankruptcy is the legal proceeding involving a person or business that is unable to repay outstanding debts. The bankruptcy process begins with a petition filed by the debtor, which is most common, or on behalf of creditors, which is less common. All of the debtor’s assets are measured and evaluated, and the assets may be used to repay a portion of outstanding debt.
youtube
Understanding Bankruptcy For Business
Bankruptcy offers an individual or business a chance to start fresh by forgiving debts that simply cannot be paid while offering creditors a chance to obtain some measure of repayment based on the individual’s or business’s assets available for liquidation. In theory, the ability to file for bankruptcy can benefit an overall economy by giving persons and businesses a second chance to gain access to consumer credit and by providing creditors with a measure of debt repayment. Upon the successful completion of bankruptcy proceedings, the debtor is relieved of the debt obligations incurred prior to filing for bankruptcy. All bankruptcy cases in the United States are handled through federal courts. Any decisions over federal bankruptcy cases are made by a bankruptcy judge, including whether a debtor is eligible to file or whether he should be discharged of his debts. Administration over bankruptcy cases is often handled by a trustee, an officer appointed by the United States Trustee Program of the Department of Justice, to represent the debtor’s estate in the proceeding. There is usually very little direct contact between the debtor and the judge unless there is some objection made in the case by a creditor.
Types of Bankruptcy Filings
Bankruptcy filings fall under one of several chapters of the Bankruptcy Code: Chapter 7, which involves liquidation of assets; Chapter 11, which deals with company or individual reorganizations, and Chapter 13, which is debt repayment with lowered debt covenants or specific payment plans. Bankruptcy filing specifications vary among states, leading to higher or lower filing fees depending on how easily a person or company can complete the process.
Chapter 7 Bankruptcy
Individuals or businesses with few or no assets file Chapter 7 bankruptcy. The chapter allows individuals to dispose of their unsecured debts, such as credit cards and medical bills. Individuals with non-exempt assets, such as family heirlooms (collections with high valuations, such as coin or stamp collections), second homes, cash, stocks, or bonds, must liquidate the property to repay some or all of their unsecured debts. So, a person filing Chapter 7 bankruptcy is basically selling off his or her assets to clear debt. Consumers who have no valuable assets and only exempt property, such as household goods, clothing, tools for their trades, and a personal vehicle up to a certain value, repay no part of their unsecured debt. Pros: If you are ready to start a new business or explore other career options, Chapter 7 could fit the bill. Chapter 7 business bankruptcy allows you to eliminate most (if not all) of your unsecured debts, including medical bills, personal loans, payday loans, cash advance loans and credit card debt. Once you file for Chapter 7 bankruptcy, it typically takes about six months to receive your discharge.
youtube
Cons: In this type of business bankruptcy, the company goes out of business. A Chapter 7 discharge does not relieve certain debts, including mortgages and car loans, and it can also result in the loss of property if your equity is non-exempt. If you plan to reorganize and start your existing business anew, this is not the right type of business bankruptcy to file. A Chapter 7 bankruptcy will appear on your credit report for 10 years, and you won’t be able to file Chapter 7 and receive debt discharge again within eight years.
Chapter 11 Bankruptcy
Businesses often file Chapter 11 bankruptcy, the goal of which is to reorganize and once again become profitable. Filing Chapter 11 bankruptcy allows a company to create plans for profitability, cut costs, and finds new ways to increase revenue. Preferred stockholders may still receive payments, though common stockholders will not.
youtube
For example, a housekeeping business filing Chapter 11 bankruptcy might increase its rates slightly and offer more services to become profitable. Chapter 11 bankruptcy allows a business to continue conducting its business activities without interruption while working on a debt repayment plan under the court’s supervision. In rare cases, individuals can file Chapter 11 bankruptcy.
Pros: Filing business bankruptcy under Chapter 11 can help you avoid having to close your company – although filing Chapter 7 instead always remains an option. Public companies often choose Chapter 11 because it allows them a chance to become profitable again and to provide value to their shareholders. When you obtain debt relief through a Chapter 11 claim, an automatic stay is put in place, meaning creditors cannot attempt to collect repayment during the term of the stay. Meanwhile, you’re able to create a reorganization plan to pay back debts and regain profitability, usually by renegotiating leases, contracts and other binding agreements. Creditors are often receptive to reorganization under a Chapter 11 business bankruptcy plan, since the payment they receive is more favourable than it would have been under Chapter 7. Since winning a Chapter 11 business bankruptcy discharge does not require selling your assets, if you believe you can make changes that will result in profitability, Chapter 11 could be your best bet.
Cons: Chapter 11 business bankruptcy is very complex, takes a long time to move through the courts and is expensive (i.e. higher filing fees and court costs). The repayment plan can be for long periods of time and can stretch to 20 years or more. And after all that, it won’t necessarily succeed.
Chapter 13 Bankruptcy
Individuals who make too much money to qualify for Chapter 7 bankruptcy may file under Chapter 13, also known as a wage earners plan. The chapter allows individuals and businesses with consistent income to create workable debt repayment plans. The repayment plans are commonly in instalments over the course of a three- to five-year period. In exchange for repaying their creditors, the courts allow these debtors to keep all of their property including non-exempt property.
Pros: Many sole proprietors have personal assets combined with their business assets. In Chapter 13, you can avoid losing your personal assets – versus Chapter 7 business bankruptcy, where some (but not all) of your personal property is exempt from being sold. Chapter 13 also allows more debt to be discharged than Chapter 11, and you can even apply for a Hardship Discharge to have your debts dismissed. It is also typically a faster and cheaper process than Chapter 11.
Cons: It can take up to five years to repay your debts under a Chapter 13 business bankruptcy plan. Your debts are paid with your disposable income, so whatever extra cash you have is committed to debt repayment. If you obtain debt relief by filing business bankruptcy under Chapter 13, you’re barred from filing a Chapter 7 claim for six years. Chapter 13 cases remain on your credit report for 10 years.
Business Bankruptcy Filings
Financially distressed municipalities, including cities, towns, villages, counties, and school districts, may file for bankruptcy under Chapter 9. Under Chapter 9, there is no liquidation of assets to repay the municipality’s debts. Chapter 12 bankruptcy provides relief to “family farmers” or “family fishermen” with regular annual income. Both Chapters 9 and 12 make use of an extended debt repayment plan. Chapter 15 was added in 2005 to deal with cross-border cases which involve debtors, assets, creditors and other parties who may be in more than one country. This type of petition is usually filed in the debtor’s home country.
Being Discharged From Bankruptcy
When a debtor receives a discharge order, he is no longer legally required to pay any of the debts on that order. So, any creditor listed on that discharge cannot legally undertake any type of collection activity (making phone calls, sending letters) against the debtor once the discharge order is enforced. Therefore, the discharge absolves the debtor of any personal liability for the debts specified in the order. But not all debts qualify to be discharged. Some of these include tax claims, anything that was not listed by the debtor, child support or alimony payments, personal injury debts, debts to the government, etc. In addition, any secured creditor can still enforce a lien against property owned by the debtor, provided that lien is still valid. Debtors do not necessarily have the right to a discharge. When a petition for bankruptcy has been filed in court, creditors receive a notice and can object if they choose to do so. If they do, they will need to file a complaint in the court before the deadline. This leads to the filing of an adversary proceeding to recover monies owed or enforce a lien. The discharge from Chapter 7 is usually granted about four months after the debtor files to petition for bankruptcy. For any other type of bankruptcy, the discharge can occur when it becomes practical.
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Advantages and Disadvantages of Bankruptcy
Declaring bankruptcy can help relieve you of your legal obligation to pay your debts and save your home, business, or ability to function financially, depending on what kind of bankruptcy petition you file. But it also can lower your credit rating, making it more difficult to get a loan, mortgage, low-rate credit card, or buy a home, apartment, or business in the future. If you’re trying to figure out if you should file, your credit is probably already damaged. A Chapter 7 filing will stay on your credit report for ten years, while a Chapter 13 will remain there for seven. Any creditors you solicit for debt (a loan, credit card, line of credit, or mortgage) will see the discharge on your report, which will prevent you from getting any credit.
Filing For Business Bankruptcy
“Business bankruptcy” isn’t a term anyone wants to think about, especially in regards to their own company. But did you know that filing for business bankruptcy can actually be a smart choice? Certain types of bankruptcies for business allow you to keep your business, while others relieve you from debt obligation. Business bankruptcy doesn’t mean you are a failure or that your life is over. There is life after bankruptcy, and you’re in the right place to discover it.
Situations Where Filing Business Bankruptcy Makes Sense
No one thinks about filing business bankruptcy when they’re making a profit and experiencing organic growth. In almost all cases, the prospect of bankruptcy arises because your business is having problems. You could be in the last phase of the business life cycle, referred to as the decline phase where you lose your competitive advantage and are ready to exit the market. Or you could have made mistakes during the start-up phases of your business and have failed to find ways to generate profit or create a cohesive team. Business bankruptcy is meant to protect your personal assets should your business fail or you are unable to pay your debts. At its core, filing for business bankruptcy allows you to put your mistakes behind you and focus on progress. Whether that progress involves starting another business, reinventing the business you currently have or leaving the world of entrepreneurship to find a career where you do what you love, you must view bankruptcy as a fresh start.
Sole Proprietorship Bankruptcy
A sole proprietorship isn’t a separate legal entity. You’re likely a sole proprietor if you’re the only owner of your business and you haven’t incorporated or set up a specific form of business entity. You and your business are equally liable for debts incurred by the business. Since a sole proprietorship does not offer limited liability to its owner, creditors of the business can go after your personal assets in addition to business assets. This means that if the business does not have sufficient assets, creditors may sue you and try to collect the debt by taking your house, car, or other personal property.
Partnership Bankruptcy
A partnership is a business entity that’s owned by two or more individuals. In many respects, liability is more like that of a sole proprietor than a corporation, with some exceptions for hybrid versions.
• General partnership: A general partnership can be automatically created without any paperwork if two or more people agree to carry on a business or activity for profit. Each partner is considered a general partner and is personally liable for the debts of the partnership. If your business is a general partnership, you will be responsible for the obligations of the business.
• Limited partnership: In a limited partnership, there is at least one general partner and at least one limited partner. The general partner is personally liable for partnership debts while the limited partner is not. This means creditors can collect from the personal assets of the general partner but not the limited partner.
• Limited liability partnership: An LLP is designed to shield all partners from personal liability for the debts of the business. In some states, all partners enjoy limited liability, but there are states that require an LLP to have at least one general partner. Also, in certain states the liability protection of the LLP only applies to negligence claims so all partners may still be liable for business debts arising out of a contract (such as business loans or credit cards).
Corporation Bankruptcy
A corporation is an incorporated entity designed to limit the liability of its owners (called shareholders). Generally, shareholders are not personally liable for the debts of the corporation. Creditors can only collect on their debts by going after the assets of the corporation. Shareholders will usually only be on the hook if they consigned or personally guaranteed the corporation’s debts. However, shareholders may also be held liable if a creditor can prove corporate formalities weren’t followed, shareholders commingled personal and business funds or the corporation was just a shell designed to shield liability. This is called piercing the corporate veil.
Preparing for Financing Problems
You know to expect banks and other lenders to ask about your personal credit history when deciding whether to provide business financing. You might be able to increase your chances of approval by: • preparing a comprehensive business plan • opening the business with a partner with good credit • soliciting investors to fund your business • applying for financing from a small community bank, or • find financing or grants offered as incentives to business by local communities. You might be thinking about turning to the small business administration for funding. If you are, exercise caution. Often, the small business administration requires not only a personal guarantee but will also expect you to use personal assets to secure the business debt—most commonly your home.
When Financing Isn’t in the Cards
Just because you can’t get financed doesn’t mean you have to put aside your dream of working for yourself. You might want to consider: • starting a personal service business that requires little or no operating capital • working as a subcontractor for an established business to reduce your operating capital needs, or • taking advantage of one of the many other independent contractor opportunities afforded by the “gig” economy. Other Considerations Here are a few other things you’ll want to think about before starting your new business after bankruptcy. • Tax or employer identification numbers: If you closed a previous business, you can’t start the new business with the same tax or employer identification numbers. You’ll need to obtain new numbers. • Paying business taxes: Business owners maintain personal responsibility for business taxes. Avoid being stuck with a substantial bill by paying the business and trust fund tax debt. The business collects trust fund taxes from others, such as payroll withholding and sales taxes (but usually not excise taxes) and must transmit the payments. • Extending payment terms to Since financing will be tight in the beginning, make sure that your new business is getting paid for the work it is doing. Extending payment terms to customers that are overly favourable might result in not getting paid at all. • Maintain good business records: If you can secure financing, it is likely that it will be on a short-term but renewable basis. Keep good records so that when the loan is up for renewal, you can provide accurate figures to show that your business is succeeding and its building up.
Business Bankruptcy Attorney
When you need help from a business bankruptcy lawyer, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
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sunshineweb · 6 years ago
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Recipe for Successful Long-Term Investing, Biggest Financial Regrets, and Applying Stop Loss in Life
Every Saturday, I plan to send out this special post with a few ideas I am reading and thinking about. Plus, a question I am meditating on.
If you wish to receive this post – apart from others I write regularly on investing, decision making, behavioral finance – please sign up below.
E-Mail Address
Anyways, here is some stuff I am reading and thinking about this weekend…
Book I’m Reading – A More Beautiful Question Since early childhood, most of us learned that our parents did not like us asking many questions and that only authority figures – most grown-ups – had the right to ask them. The result was that we stopped questioning things and accepted what we saw, heard, and were told with meek acceptance.
Sadly, this approach worked well in the industrial era, but proves futile in the knowledge era, because it compromises our ability to think and understand deeply.
In his book, A More Beautiful Question, which I glanced through recently at a bookstore, Warren Berger led me to the importance of asking thoughtful, ambitious “beautiful questions” — the kind that can help us grow into happier and more useful human beings. An insightful passage from the book reads thus –
We’ve transitioned into always transitioning…In such times, the ability to ask big, meaningful, beautiful questions – and just as important, to know what to do with those questions once they’ve been raised – can be the first step in moving beyond old habits and behaviors as we embrace the new.
In the modern era, we must use unfamiliar tools in our attempt to take on new challenges without clear instructions, and with the clock ticking. In such times, Berger writes –
…questioning…will be even more important in helping us figure out what matters, where opportunities lie, and how to get there.
“Judge a man by his questions rather than his answers,” said Voltaire. Now, more than ever, the quality of our lives depends on the quality of our questions.
So, what questions are you asking?
Articles I’m Reading One of the best theories I have read on the importance of investing in high-quality businesses in the Indian context comes from Bharat Shah of ASK Group, who has written a book (sad, it’s not available publicly) titled “Of Long Term Value and Wealth Creation from Equity Investing.”
I recently came across his old interview where he shared his insights on value investing and how he formed his investment process and principles. A passage from the interview reads thus (emphasis mine) –
…successful long-term investing calls for two vital technical capabilities or craft and two personality traits. While craft can be honed and refined by observing and absorbing, character traits have to come from within and be developed.
The two essential skills are: ability to comprehend and grasp the true character and the innards of diverse businesses as well as the ability to value them. Till these abilities are developed, one cannot become a good investor.
The two vital character traits are: discipline (or temperament) and wisdom. Discipline lies in investing only into quality businesses and the temperament of not getting carried away by the fads of the markets and buying such quality businesses only at a meaningful margin of safety.
* * * One of my favourite financial writers, Barry Ritholtz, recently wrote about the biggest financial regrets people have. This was based on a survey of over 2000 people by American life insurer giant New York Life, and found these as the biggest financial regrets – Image Source: Biggest Financial Regrets – Barry Ritholtz Barry concluded thus, and I completely agree with this –
The sooner you begin to accept mistakes are inevitable, stop beating yourself up over them, and just fix what is not working, the faster the compounding can start.
By the way, do you have any personal financial regret? If yes, what are you doing about it, except regretting?
* * * That real estate and banking are two of the most corrupt industries in India has come to light again with the PMC Bank (Punjab & Maharashtra Cooperative Bank) fiasco. The suspended managing director of the bank admits that past management did not keep the board in the loop about NPAs and also claimed the bank has an exposure of Rs 2,500 crore to the troubled real estate major HDIL, which is almost a third of its loan book!
When asked about the reason for underreporting of these loans, the MD has said PMC Bank wanted to grow fast and reporting the exposure could have led to a run on the bank. And if this does not sound shocking enough, when asked how the bank was able to hide HDIL’s NPAs for all these years, the MD said, “I am not going to tell you how we got it hidden. It is that the RBI has not seen it.”
Anyways, all this reminds me of an article written in 2016 by Tamal Bandyopadhyay about the corruption levels in the Indian banking system. You would be aghast at some of what he wrote –
…the pressure on giving loans without proper risk assessment mounts on senior executives just ahead of their interviews for promotion. If they don’t oblige, the risk of missing promotion is high. The senior executives also run the risk of being transferred to places not to their liking if they reject a loan proposal, recommended by the boss.
The current boss of a government-owned bank has recently told his executives to sanction loan proposals that he recommends (of course, verbally) and not bother about whether they will turn bad. His philosophy is: As long as the loan book is growing, none should bother about non-performing assets as bad loans as a percentage of overall loans can be contained through aggressive loan growth.
Tamal also wrote –
Instances of borrowers taking care of a senior banker’s child’s education overseas or picking up the tab for wedding reception of the daughter and even honeymoon at Bali are not rare. Similarly, a real estate firm may not mind selling a flat to senior bankers at a hugely discounted price to ensure speedy appraisal of the loan process. There are also borrowers who offer “annuity” to bank chiefs after their retirement to express their gratitude for the support extended to them in appraisal of loan proposals and disbursements of loans.
The annuity comes in the form of annual holidays, chauffeur-driven cars and guest house or hotel accommodation at certain cities.
Now, this is not to say that all banks are deceitful or all bankers indulge in corruption. I have seen and known honest, hard-working bankers. But the fact remains that banks in India, like globally, remain hotbeds of corruption. And the malaise is deep…very deep.
Thought I’m Meditating On Haruki Murakami wrote this beautiful passage on weathering life’s storms –
Sometimes fate is like a small sandstorm that keeps changing directions. You change direction but the sandstorm chases you. You turn again, but the storm adjusts. Over and over you play this out, like some ominous dance with death just before dawn. Why? Because this storm isn’t something that blew in from far away, something that has nothing to do with you. This storm is you. Something inside of you. So all you can do is give in to it, step right inside the storm, closing your eyes and plugging up your ears so the sand doesn’t get in, and walk through it, step by step. There’s no sun there, no moon, no direction, no sense of time. Just fine white sand swirling up into the sky like pulverized bones. That’s the kind of sandstorm you need to imagine.
And you really will have to make it through that violent, metaphysical, symbolic storm. No matter how metaphysical or symbolic it might be, make no mistake about it: it will cut through flesh like a thousand razor blades. People will bleed there, and you will bleed too. Hot, red blood. You’ll catch that blood in your hands, your own blood and the blood of others.
And once the storm is over you won’t remember how you made it through, how you managed to survive. You won’t even be sure, in fact, whether the storm is really over. But one thing is certain. When you come out of the storm you won’t be the same person who walked in. That’s what this storm’s all about.
A Question for You Heard of the concept of “Stop Loss?” A strategy used largely by traders, a Stop Loss order is placed with a broker to mostly sell a security when it reaches a price lower than the purchase price. So, if you have bought a stock at Rs 100, you can put a Stop Loss at Rs 95 or Rs 90. As soon as the stock falls to your Stop Loss level, it will be sold and your loss will be limited.
Well, Stop Loss works in life too. In his beautiful book How to Stop Worrying and Start Living, Dale Carnegie offers us the advice of using Stop Loss in our day to day living. How long are you willing to wait for someone who was supposed to meet you for lunch or dinner? How long are you willing to remain angry with someone for something they once did to you? How much are you willing to pay for something? Are you sure that the value you put on what you want isn’t too high?
His point with all of this is that if we start putting Stop Loss on those things that have the potential to cause us worry or anxiety, we can minimize the stress in our lives that would otherwise take a major toll on us physically and emotionally.
So my question to you is – What worry are you putting a Stop Loss on today?
Enjoy your weekend, — Vishal
The post Recipe for Successful Long-Term Investing, Biggest Financial Regrets, and Applying Stop Loss in Life appeared first on Safal Niveshak.
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polarisventuresnz · 7 years ago
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Theresa Wiseman, a nursing scholar in the UK, studied empathy across every profession that requires deep connection and relationship, and she identified four attributes of empathy. These attributes fully aligned with what emerged from my data, but they did not address the idea of “paying attention” to the degree that it emerged in my work. To solve for that, I added a fifth attribute from Kristin Neff’s research. Dr. Neff is a self-compassion researcher at the University of Texas at Austin—we’ll look at more of her work in a bit. While each of these components is rich for study—you’ll find hundreds of books in any research library on every one of the five—we’re going to explore how these elements come together to create empathy, the rocket fuel for building trust and increasing connection.
Empathy Skill #1: To see the world as others see it, or perspective taking We see the world through a set of unique lenses that bring together who we are, where we come from, and our vast experiences. Our lenses certainly include factors like age, race, ethnicity, ability, and spiritual beliefs, but we also have other lenses that shape how we see the world, including our knowledge, insights, and experience. Our take on the world is completely unique because our point of view is a product of our history and experiences. This is why ten people can witness the same incident and have ten different perspectives on what happened, how it happened, and why it happened.
Are there any observable, knowable, universal truths? Of course. Math and science have given us many examples. But when it comes to the swirl of human emotion, behavior, language, and cognition—there are many valid perspectives. One of the signature mistakes with empathy is that we believe we can take our lenses off and look through the lenses of someone else. We can’t. Our lenses are soldered to who we are. What we can do, however, is honor people’s perspectives as truth even when they’re different from ours. That’s a challenge if you were raised in majority culture— white, straight, male, middle-class, Christian—and you were likely taught that your perspective is the correct perspective and everyone else needs to adjust their lens. Or, more accurately, you weren’t taught anything about perspective taking, and the default—My truth is the truth—is reinforced by every system and situation you encounter. Children are very receptive to learning perspective-taking skills because they’re naturally curious about the world and how others operate in it. Those of us who were taught perspective-taking skills as children owe our parents a huge debt of gratitude. Those of us who were not introduced to that skill set when we were younger will have to work harder and fight armoring up in order to acquire it as adults. Perspective taking requires becoming the learner, not the knower. Let’s say that I’m talking to a colleague on my team who is twenty-five, African American, gay, and grew up in an affluent neighborhood in Chicago. In our conversation we realize that we have completely different opinions about a new program we want to develop. As we’re debating the issues, he says, “My experiences lead me to believe this approach will fall flat with the people we want to reach.” I can’t put down my straight, white, middle-aged, female lens and just snap on his lens to see what he sees, but I can ask, “Tell me more—what are you thinking?” and respect his truth as a full truth, not just an off version of my truth. This is exactly why every study we see confirms the positive correlation between inclusivity, innovation, and performance. Again, it’s only when diverse perspectives are included, respected, and valued that we can start to get a full picture of the world, who we serve, what they need, and how to successfully meet people where they are. I love what Beyoncé said in her first-person essay in the September 2018 issue of Vogue: If people in powerful positions continue to hire and cast only people who look like them, sound like them, come from the same neighborhoods they grew up in, they will never have a greater understanding of experiences different from their own. They will hire the same models, curate the same art, cast the same actors over and over again, and we will all lose. The beauty of social media is it’s completely democratic. Everyone has a say. Everyone’s voice counts, and everyone has a chance to paint the world from their own perspective. She was photographed for the magazine cover by Tyler Mitchell, making him the first African American photographer to shoot the cover of Vogue in its 126-year history. As we push on these issues and discover our own blind spots (we all have them), we need to stay very aware of the armor assembly process here: We cannot practice empathy if we need to be knowers; if we can’t be learners, we cannot be empathic. And, to be clear (and kind), if we need to be knowers, empathy isn’t the only loss. Because curiosity is the key to rumbling with vulnerability, knowers struggle with all four of the building blocks of courage. Empathy Skill #2: To be nonjudgmental It is not easy to do this when you enjoy judging as much as most of us do. Based on research, there are two ways to predict when we are going to judge: We judge in areas where we’re most susceptible to shame, and we judge people who are doing worse than we are in those areas. So if you find yourself feeling incredibly judgmental about appearance, and you can’t figure out why, that’s a clue that it’s a hard issue for you. It’s important to examine where we feel judgment because it can quickly become a vicious shame cycle. The judgment of others leaves us feeling shame, so we offload the hurt by judging others. I see this happen often in organizations. Shit rolls downhill and ends up in the consumer’s lap. I’ve yet to come across a company that has both a shaming, judgmental culture and wonderful customer service. Staying out of judgment means being aware of where we are the most vulnerable to our own shame, our own struggle. The good news is that we don’t judge in areas where we feel a strong sense of self-worth and grounded confidence, so the more of that we build, the more we let go of judgment.
Empathy Skill #3: To understand another person’s feelings Empathy Skill #4: To communicate your understanding of that person’s feelings I’m combining these two attributes because, when we break them down to skills, they’re inextricably connected. Understanding emotions in others and communicating our understanding of these emotions require us to be in touch with our own feelings. Ideally, it also means that we are fluent in the language of feelings, or, at the very least, conversational and somewhat comfortable in the world of emotions. The vast majority of people I’ve interviewed are not comfortable in the world of emotions and nowhere close to fluent in the language of feelings. Emotional literacy, in my opinion, is as critical as having language. When we can’t name and articulate what’s happening to us emotionally, we cannot move through it. Imagine going to the doctor with an excruciating pain in your right shoulder, a pain so great that every time you feel it you’re left breathless and doubled over. But when you arrive at the doctor’s office, you have duct tape over your mouth and your hands are tied behind your back. The doctor is anxious to help you, but when she asks you what happened, you can only manage “Mmph. Mmph” through your tape. You’re desperate to explain, but you’re unable to speak, so you can’t name it, you can’t articulate it, you can’t describe it. The doctor asks you to point to it, but your hands are tied, and all you can do is jump up and down with your eyes darting to the right. You mumble and jump until both you and the doctor are exhausted and give up. This is exactly what happens when we aren’t fluent in feelings. It’s almost impossible to process emotion when we can’t identify, name, and talk about our experiences. And if that’s not enough of a reason to dig in and start learning, emotional literacy is also a prerequisite for empathy, shame resilience, and the ability to reset and rise after a fall. For example, how do we get back on our feet after a fall if we can’t recognize the subtle but important differences between disappointment and anger, between shame and guilt, between fear and grief? And if we can’t recognize these emotions in ourselves, it’s almost impossible to do so with others.  We’re finishing a study right now on emotional literacy, and I’ll give you the movie trailer. Cue the music and pretend this is the dramatic announcer voice: In a world of emotional literacy, we would be able to recognize and name between thirty and forty emotions in ourselves and others. I’m hedging on the number because we’re in the final stages of confirming the exact emotions, but it’s safe to say that fluency in emotional conversation means being able to name at least thirty of them. The last attribute, communicating our understanding of the emotions, can feel like the biggest risk because we can get it wrong. And not if but when we are off base, we need the courage to circle back. In fact, as long as we show up with our whole hearts, pay attention, and stay curious, we can course-correct. This is why therapists are frequently stereotyped as saying “What I hear you saying is…” It’s a check-in that allows someone to say, “Nope. That’s not what I’m saying. I’m not sad. I’m pissed off.” For example, in non-therapisty language, you could say: “I’m sorry about the project assignment. That sucks and must be so frustrating. Want to talk about it?” This question tells your colleague that you’re willing to “go there” and rumble openly about what they’re feeling. Because you were willing to put emotion on the table, it gives them the opportunity to come back and say, “I don’t know about frustrated. I think I’m actually really embarrassed and disappointed. I mean, everyone talked about me being the perfect person for it. I never imagined not getting it. Now I have to explain why I didn’t get it and I don’t even understand.” This exchange alone builds the connection and alignment that we need to have a meaningful, trust-building, and even healing conversation.
Empathy Skill #5: Mindfulness I borrowed the fifth element, mindfulness, from Kristin Neff. Neff describes mindfulness as “taking a balanced approach to negative emotions so that feelings are neither suppressed nor exaggerated….We cannot ignore our pain and feel compassion for it at the same time….Mindfulness requires that we not be ‘over-identified’ with thoughts and feelings, so that we are caught up and swept away by negative reactivity.” The word mindfulness can get on my nerves sometimes, so I opt for paying attention. Neff’s findings on mindfulness, especially the piece on not overidentifying with or exaggerating our feelings, are completely aligned with what we found in our work. Ruminating and getting stuck is as unhelpful as not noticing at all. In short, I try to practice mindfulness by paying attention to what’s happening in these conversations, to the feelings they’re bringing up in me, to my body language, and to the body language of the person I’m talking to. Minimizing and exaggerating emotions lead to empathic misses in equal measure.
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sunshineweb · 6 years ago
Text
Recipe for Successful Long-Term Investing, Biggest Financial Regrets, and Applying Stop Loss in Life
Every Saturday, I plan to send out this special post with a few ideas I am reading and thinking about. Plus, a question I am meditating on.
If you wish to receive this post – apart from others I write regularly on investing, decision making, behavioral finance – please sign up below.
E-Mail Address
Anyways, here is some stuff I am reading and thinking about this weekend…
Book I’m Reading – A More Beautiful Question Since early childhood, most of us learned that our parents did not like us asking many questions and that only authority figures – most grown-ups – had the right to ask them. The result was that we stopped questioning things and accepted what we saw, heard, and were told with meek acceptance.
Sadly, this approach worked well in the industrial era, but proves futile in the knowledge era, because it compromises our ability to think and understand deeply.
In his book, A More Beautiful Question, which I glanced through recently at a bookstore, Warren Berger led me to the importance of asking thoughtful, ambitious “beautiful questions” — the kind that can help us grow into happier and more useful human beings. An insightful passage from the book reads thus –
We’ve transitioned into always transitioning…In such times, the ability to ask big, meaningful, beautiful questions – and just as important, to know what to do with those questions once they’ve been raised – can be the first step in moving beyond old habits and behaviors as we embrace the new.
In the modern era, we must use unfamiliar tools in our attempt to take on new challenges without clear instructions, and with the clock ticking. In such times, Berger writes –
…questioning…will be even more important in helping us figure out what matters, where opportunities lie, and how to get there.
“Judge a man by his questions rather than his answers,” said Voltaire. Now, more than ever, the quality of our lives depends on the quality of our questions.
So, what questions are you asking?
Articles I’m Reading One of the best theories I have read on the importance of investing in high-quality businesses in the Indian context comes from Bharat Shah of ASK Group, who has written a book (sad, it’s not available publicly) titled “Of Long Term Value and Wealth Creation from Equity Investing.”
I recently came across his old interview where he shared his insights on value investing and how he formed his investment process and principles. A passage from the interview reads thus (emphasis mine) –
…successful long-term investing calls for two vital technical capabilities or craft and two personality traits. While craft can be honed and refined by observing and absorbing, character traits have to come from within and be developed.
The two essential skills are: ability to comprehend and grasp the true character and the innards of diverse businesses as well as the ability to value them. Till these abilities are developed, one cannot become a good investor.
The two vital character traits are: discipline (or temperament) and wisdom. Discipline lies in investing only into quality businesses and the temperament of not getting carried away by the fads of the markets and buying such quality businesses only at a meaningful margin of safety.
* * * One of my favourite financial writers, Barry Ritholtz, recently wrote about the biggest financial regrets people have. This was based on a survey of over 2000 people by American life insurer giant New York Life, and found these as the biggest financial regrets – Image Source: Biggest Financial Regrets – Barry Ritholtz Barry concluded thus, and I completely agree with this –
The sooner you begin to accept mistakes are inevitable, stop beating yourself up over them, and just fix what is not working, the faster the compounding can start.
By the way, do you have any personal financial regret? If yes, what are you doing about it, except regretting?
* * * That real estate and banking are two of the most corrupt industries in India has come to light again with the PMC Bank (Punjab & Maharashtra Cooperative Bank) fiasco. The suspended managing director of the bank admits that past management did not keep the board in the loop about NPAs and also claimed the bank has an exposure of Rs 2,500 crore to the troubled real estate major HDIL, which is almost a third of its loan book!
When asked about the reason for underreporting of these loans, the MD has said PMC Bank wanted to grow fast and reporting the exposure could have led to a run on the bank. And if this does not sound shocking enough, when asked how the bank was able to hide HDIL’s NPAs for all these years, the MD said, “I am not going to tell you how we got it hidden. It is that the RBI has not seen it.”
Anyways, all this reminds me of an article written in 2016 by Tamal Bandyopadhyay about the corruption levels in the Indian banking system. You would be aghast at some of what he wrote –
…the pressure on giving loans without proper risk assessment mounts on senior executives just ahead of their interviews for promotion. If they don’t oblige, the risk of missing promotion is high. The senior executives also run the risk of being transferred to places not to their liking if they reject a loan proposal, recommended by the boss.
The current boss of a government-owned bank has recently told his executives to sanction loan proposals that he recommends (of course, verbally) and not bother about whether they will turn bad. His philosophy is: As long as the loan book is growing, none should bother about non-performing assets as bad loans as a percentage of overall loans can be contained through aggressive loan growth.
Tamal also wrote –
Instances of borrowers taking care of a senior banker’s child’s education overseas or picking up the tab for wedding reception of the daughter and even honeymoon at Bali are not rare. Similarly, a real estate firm may not mind selling a flat to senior bankers at a hugely discounted price to ensure speedy appraisal of the loan process. There are also borrowers who offer “annuity” to bank chiefs after their retirement to express their gratitude for the support extended to them in appraisal of loan proposals and disbursements of loans.
The annuity comes in the form of annual holidays, chauffeur-driven cars and guest house or hotel accommodation at certain cities.
Now, this is not to say that all banks are deceitful or all bankers indulge in corruption. I have seen and known honest, hard-working bankers. But the fact remains that banks in India, like globally, remain hotbeds of corruption. And the malaise is deep…very deep.
Thought I’m Meditating On Haruki Murakami wrote this beautiful passage on weathering life’s storms –
Sometimes fate is like a small sandstorm that keeps changing directions. You change direction but the sandstorm chases you. You turn again, but the storm adjusts. Over and over you play this out, like some ominous dance with death just before dawn. Why? Because this storm isn’t something that blew in from far away, something that has nothing to do with you. This storm is you. Something inside of you. So all you can do is give in to it, step right inside the storm, closing your eyes and plugging up your ears so the sand doesn’t get in, and walk through it, step by step. There’s no sun there, no moon, no direction, no sense of time. Just fine white sand swirling up into the sky like pulverized bones. That’s the kind of sandstorm you need to imagine.
And you really will have to make it through that violent, metaphysical, symbolic storm. No matter how metaphysical or symbolic it might be, make no mistake about it: it will cut through flesh like a thousand razor blades. People will bleed there, and you will bleed too. Hot, red blood. You’ll catch that blood in your hands, your own blood and the blood of others.
And once the storm is over you won’t remember how you made it through, how you managed to survive. You won’t even be sure, in fact, whether the storm is really over. But one thing is certain. When you come out of the storm you won’t be the same person who walked in. That’s what this storm’s all about.
A Question for You Heard of the concept of “Stop Loss?” A strategy used largely by traders, a Stop Loss order is placed with a broker to mostly sell a security when it reaches a price lower than the purchase price. So, if you have bought a stock at Rs 100, you can put a Stop Loss at Rs 95 or Rs 90. As soon as the stock falls to your Stop Loss level, it will be sold and your loss will be limited.
Well, Stop Loss works in life too. In his beautiful book How to Stop Worrying and Start Living, Dale Carnegie offers us the advice of using Stop Loss in our day to day living. How long are you willing to wait for someone who was supposed to meet you for lunch or dinner? How long are you willing to remain angry with someone for something they once did to you? How much are you willing to pay for something? Are you sure that the value you put on what you want isn’t too high?
His point with all of this is that if we start putting Stop Loss on those things that have the potential to cause us worry or anxiety, we can minimize the stress in our lives that would otherwise take a major toll on us physically and emotionally.
So my question to you is – What worry are you putting a Stop Loss on today?
Enjoy your weekend, — Vishal
The post Recipe for Successful Long-Term Investing, Biggest Financial Regrets, and Applying Stop Loss in Life appeared first on Safal Niveshak.
Recipe for Successful Long-Term Investing, Biggest Financial Regrets, and Applying Stop Loss in Life published first on https://mbploans.tumblr.com/
0 notes
sunshineweb · 6 years ago
Text
Recipe for Successful Long-Term Investing, Biggest Financial Regrets, and Applying Stop Loss in Life
Every Saturday, I plan to send out this special post with a few ideas I am reading and thinking about. Plus, a question I am meditating on.
If you wish to receive this post – apart from others I write regularly on investing, decision making, behavioral finance – please sign up below.
E-Mail Address
Anyways, here is some stuff I am reading and thinking about this weekend…
Book I’m Reading – A More Beautiful Question Since early childhood, most of us learned that our parents did not like us asking many questions and that only authority figures – most grown-ups – had the right to ask them. The result was that we stopped questioning things and accepted what we saw, heard, and were told with meek acceptance.
Sadly, this approach worked well in the industrial era, but proves futile in the knowledge era, because it compromises our ability to think and understand deeply.
In his book, A More Beautiful Question, which I glanced through recently at a bookstore, Warren Berger led me to the importance of asking thoughtful, ambitious “beautiful questions” — the kind that can help us grow into happier and more useful human beings. An insightful passage from the book reads thus –
We’ve transitioned into always transitioning…In such times, the ability to ask big, meaningful, beautiful questions – and just as important, to know what to do with those questions once they’ve been raised – can be the first step in moving beyond old habits and behaviors as we embrace the new.
In the modern era, we must use unfamiliar tools in our attempt to take on new challenges without clear instructions, and with the clock ticking. In such times, Berger writes –
…questioning…will be even more important in helping us figure out what matters, where opportunities lie, and how to get there.
“Judge a man by his questions rather than his answers,” said Voltaire. Now, more than ever, the quality of our lives depends on the quality of our questions.
So, what questions are you asking?
Articles I’m Reading One of the best theories I have read on the importance of investing in high-quality businesses in the Indian context comes from Bharat Shah of ASK Group, who has written a book (sad, it’s not available publicly) titled “Of Long Term Value and Wealth Creation from Equity Investing.”
I recently came across his old interview where he shared his insights on value investing and how he formed his investment process and principles. A passage from the interview reads thus (emphasis mine) –
…successful long-term investing calls for two vital technical capabilities or craft and two personality traits. While craft can be honed and refined by observing and absorbing, character traits have to come from within and be developed.
The two essential skills are: ability to comprehend and grasp the true character and the innards of diverse businesses as well as the ability to value them. Till these abilities are developed, one cannot become a good investor.
The two vital character traits are: discipline (or temperament) and wisdom. Discipline lies in investing only into quality businesses and the temperament of not getting carried away by the fads of the markets and buying such quality businesses only at a meaningful margin of safety.
* * * One of my favourite financial writers, Barry Ritholtz, recently wrote about the biggest financial regrets people have. This was based on a survey of over 2000 people by American life insurer giant New York Life, and found these as the biggest financial regrets – Image Source: Biggest Financial Regrets – Barry Ritholtz Barry concluded thus, and I completely agree with this –
The sooner you begin to accept mistakes are inevitable, stop beating yourself up over them, and just fix what is not working, the faster the compounding can start.
By the way, do you have any personal financial regret? If yes, what are you doing about it, except regretting?
* * * That real estate and banking are two of the most corrupt industries in India has come to light again with the PMC Bank (Punjab & Maharashtra Cooperative Bank) fiasco. The suspended managing director of the bank admits that past management did not keep the board in the loop about NPAs and also claimed the bank has an exposure of Rs 2,500 crore to the troubled real estate major HDIL, which is almost a third of its loan book!
When asked about the reason for underreporting of these loans, the MD has said PMC Bank wanted to grow fast and reporting the exposure could have led to a run on the bank. And if this does not sound shocking enough, when asked how the bank was able to hide HDIL’s NPAs for all these years, the MD said, “I am not going to tell you how we got it hidden. It is that the RBI has not seen it.”
Anyways, all this reminds me of an article written in 2016 by Tamal Bandyopadhyay about the corruption levels in the Indian banking system. You would be aghast at some of what he wrote –
…the pressure on giving loans without proper risk assessment mounts on senior executives just ahead of their interviews for promotion. If they don’t oblige, the risk of missing promotion is high. The senior executives also run the risk of being transferred to places not to their liking if they reject a loan proposal, recommended by the boss.
The current boss of a government-owned bank has recently told his executives to sanction loan proposals that he recommends (of course, verbally) and not bother about whether they will turn bad. His philosophy is: As long as the loan book is growing, none should bother about non-performing assets as bad loans as a percentage of overall loans can be contained through aggressive loan growth.
Tamal also wrote –
Instances of borrowers taking care of a senior banker’s child’s education overseas or picking up the tab for wedding reception of the daughter and even honeymoon at Bali are not rare. Similarly, a real estate firm may not mind selling a flat to senior bankers at a hugely discounted price to ensure speedy appraisal of the loan process. There are also borrowers who offer “annuity” to bank chiefs after their retirement to express their gratitude for the support extended to them in appraisal of loan proposals and disbursements of loans.
The annuity comes in the form of annual holidays, chauffeur-driven cars and guest house or hotel accommodation at certain cities.
Now, this is not to say that all banks are deceitful or all bankers indulge in corruption. I have seen and known honest, hard-working bankers. But the fact remains that banks in India, like globally, remain hotbeds of corruption. And the malaise is deep…very deep.
Thought I’m Meditating On Haruki Murakami wrote this beautiful passage on weathering life’s storms –
Sometimes fate is like a small sandstorm that keeps changing directions. You change direction but the sandstorm chases you. You turn again, but the storm adjusts. Over and over you play this out, like some ominous dance with death just before dawn. Why? Because this storm isn’t something that blew in from far away, something that has nothing to do with you. This storm is you. Something inside of you. So all you can do is give in to it, step right inside the storm, closing your eyes and plugging up your ears so the sand doesn’t get in, and walk through it, step by step. There’s no sun there, no moon, no direction, no sense of time. Just fine white sand swirling up into the sky like pulverized bones. That’s the kind of sandstorm you need to imagine.
And you really will have to make it through that violent, metaphysical, symbolic storm. No matter how metaphysical or symbolic it might be, make no mistake about it: it will cut through flesh like a thousand razor blades. People will bleed there, and you will bleed too. Hot, red blood. You’ll catch that blood in your hands, your own blood and the blood of others.
And once the storm is over you won’t remember how you made it through, how you managed to survive. You won’t even be sure, in fact, whether the storm is really over. But one thing is certain. When you come out of the storm you won’t be the same person who walked in. That’s what this storm’s all about.
A Question for You Heard of the concept of “Stop Loss?” A strategy used largely by traders, a Stop Loss order is placed with a broker to mostly sell a security when it reaches a price lower than the purchase price. So, if you have bought a stock at Rs 100, you can put a Stop Loss at Rs 95 or Rs 90. As soon as the stock falls to your Stop Loss level, it will be sold and your loss will be limited.
Well, Stop Loss works in life too. In his beautiful book How to Stop Worrying and Start Living, Dale Carnegie offers us the advice of using Stop Loss in our day to day living. How long are you willing to wait for someone who was supposed to meet you for lunch or dinner? How long are you willing to remain angry with someone for something they once did to you? How much are you willing to pay for something? Are you sure that the value you put on what you want isn’t too high?
His point with all of this is that if we start putting Stop Loss on those things that have the potential to cause us worry or anxiety, we can minimize the stress in our lives that would otherwise take a major toll on us physically and emotionally.
So my question to you is – What worry are you putting a Stop Loss on today?
Enjoy your weekend, — Vishal
The post Recipe for Successful Long-Term Investing, Biggest Financial Regrets, and Applying Stop Loss in Life appeared first on Safal Niveshak.
Recipe for Successful Long-Term Investing, Biggest Financial Regrets, and Applying Stop Loss in Life published first on https://mbploans.tumblr.com/
0 notes
sunshineweb · 6 years ago
Text
Recipe for Successful Long-Term Investing, Biggest Financial Regrets, and Applying Stop Loss in Life
Every Saturday, I plan to send out this special post with a few ideas I am reading and thinking about. Plus, a question I am meditating on.
If you wish to receive this post – apart from others I write regularly on investing, decision making, behavioral finance – please sign up below.
E-Mail Address
Anyways, here is some stuff I am reading and thinking about this weekend…
Book I’m Reading – A More Beautiful Question Since early childhood, most of us learned that our parents did not like us asking many questions and that only authority figures – most grown-ups – had the right to ask them. The result was that we stopped questioning things and accepted what we saw, heard, and were told with meek acceptance.
Sadly, this approach worked well in the industrial era, but proves futile in the knowledge era, because it compromises our ability to think and understand deeply.
In his book, A More Beautiful Question, which I glanced through recently at a bookstore, Warren Berger led me to the importance of asking thoughtful, ambitious “beautiful questions” — the kind that can help us grow into happier and more useful human beings. An insightful passage from the book reads thus –
We’ve transitioned into always transitioning…In such times, the ability to ask big, meaningful, beautiful questions – and just as important, to know what to do with those questions once they’ve been raised – can be the first step in moving beyond old habits and behaviors as we embrace the new.
In the modern era, we must use unfamiliar tools in our attempt to take on new challenges without clear instructions, and with the clock ticking. In such times, Berger writes –
…questioning…will be even more important in helping us figure out what matters, where opportunities lie, and how to get there.
“Judge a man by his questions rather than his answers,” said Voltaire. Now, more than ever, the quality of our lives depends on the quality of our questions.
So, what questions are you asking?
Articles I’m Reading One of the best theories I have read on the importance of investing in high-quality businesses in the Indian context comes from Bharat Shah of ASK Group, who has written a book (sad, it’s not available publicly) titled “Of Long Term Value and Wealth Creation from Equity Investing.”
I recently came across his old interview where he shared his insights on value investing and how he formed his investment process and principles. A passage from the interview reads thus (emphasis mine) –
…successful long-term investing calls for two vital technical capabilities or craft and two personality traits. While craft can be honed and refined by observing and absorbing, character traits have to come from within and be developed.
The two essential skills are: ability to comprehend and grasp the true character and the innards of diverse businesses as well as the ability to value them. Till these abilities are developed, one cannot become a good investor.
The two vital character traits are: discipline (or temperament) and wisdom. Discipline lies in investing only into quality businesses and the temperament of not getting carried away by the fads of the markets and buying such quality businesses only at a meaningful margin of safety.
* * * One of my favourite financial writers, Barry Ritholtz, recently wrote about the biggest financial regrets people have. This was based on a survey of over 2000 people by American life insurer giant New York Life, and found these as the biggest financial regrets – Image Source: Biggest Financial Regrets – Barry Ritholtz Barry concluded thus, and I completely agree with this –
The sooner you begin to accept mistakes are inevitable, stop beating yourself up over them, and just fix what is not working, the faster the compounding can start.
By the way, do you have any personal financial regret? If yes, what are you doing about it, except regretting?
* * * That real estate and banking are two of the most corrupt industries in India has come to light again with the PMC Bank (Punjab & Maharashtra Cooperative Bank) fiasco. The suspended managing director of the bank admits that past management did not keep the board in the loop about NPAs and also claimed the bank has an exposure of Rs 2,500 crore to the troubled real estate major HDIL, which is almost a third of its loan book!
When asked about the reason for underreporting of these loans, the MD has said PMC Bank wanted to grow fast and reporting the exposure could have led to a run on the bank. And if this does not sound shocking enough, when asked how the bank was able to hide HDIL’s NPAs for all these years, the MD said, “I am not going to tell you how we got it hidden. It is that the RBI has not seen it.”
Anyways, all this reminds me of an article written in 2016 by Tamal Bandyopadhyay about the corruption levels in the Indian banking system. You would be aghast at some of what he wrote –
…the pressure on giving loans without proper risk assessment mounts on senior executives just ahead of their interviews for promotion. If they don’t oblige, the risk of missing promotion is high. The senior executives also run the risk of being transferred to places not to their liking if they reject a loan proposal, recommended by the boss.
The current boss of a government-owned bank has recently told his executives to sanction loan proposals that he recommends (of course, verbally) and not bother about whether they will turn bad. His philosophy is: As long as the loan book is growing, none should bother about non-performing assets as bad loans as a percentage of overall loans can be contained through aggressive loan growth.
Tamal also wrote –
Instances of borrowers taking care of a senior banker’s child’s education overseas or picking up the tab for wedding reception of the daughter and even honeymoon at Bali are not rare. Similarly, a real estate firm may not mind selling a flat to senior bankers at a hugely discounted price to ensure speedy appraisal of the loan process. There are also borrowers who offer “annuity” to bank chiefs after their retirement to express their gratitude for the support extended to them in appraisal of loan proposals and disbursements of loans.
The annuity comes in the form of annual holidays, chauffeur-driven cars and guest house or hotel accommodation at certain cities.
Now, this is not to say that all banks are deceitful or all bankers indulge in corruption. I have seen and known honest, hard-working bankers. But the fact remains that banks in India, like globally, remain hotbeds of corruption. And the malaise is deep…very deep.
Thought I’m Meditating On Haruki Murakami wrote this beautiful passage on weathering life’s storms –
Sometimes fate is like a small sandstorm that keeps changing directions. You change direction but the sandstorm chases you. You turn again, but the storm adjusts. Over and over you play this out, like some ominous dance with death just before dawn. Why? Because this storm isn’t something that blew in from far away, something that has nothing to do with you. This storm is you. Something inside of you. So all you can do is give in to it, step right inside the storm, closing your eyes and plugging up your ears so the sand doesn’t get in, and walk through it, step by step. There’s no sun there, no moon, no direction, no sense of time. Just fine white sand swirling up into the sky like pulverized bones. That’s the kind of sandstorm you need to imagine.
And you really will have to make it through that violent, metaphysical, symbolic storm. No matter how metaphysical or symbolic it might be, make no mistake about it: it will cut through flesh like a thousand razor blades. People will bleed there, and you will bleed too. Hot, red blood. You’ll catch that blood in your hands, your own blood and the blood of others.
And once the storm is over you won’t remember how you made it through, how you managed to survive. You won’t even be sure, in fact, whether the storm is really over. But one thing is certain. When you come out of the storm you won’t be the same person who walked in. That’s what this storm’s all about.
A Question for You Heard of the concept of “Stop Loss?” A strategy used largely by traders, a Stop Loss order is placed with a broker to mostly sell a security when it reaches a price lower than the purchase price. So, if you have bought a stock at Rs 100, you can put a Stop Loss at Rs 95 or Rs 90. As soon as the stock falls to your Stop Loss level, it will be sold and your loss will be limited.
Well, Stop Loss works in life too. In his beautiful book How to Stop Worrying and Start Living, Dale Carnegie offers us the advice of using Stop Loss in our day to day living. How long are you willing to wait for someone who was supposed to meet you for lunch or dinner? How long are you willing to remain angry with someone for something they once did to you? How much are you willing to pay for something? Are you sure that the value you put on what you want isn’t too high?
His point with all of this is that if we start putting Stop Loss on those things that have the potential to cause us worry or anxiety, we can minimize the stress in our lives that would otherwise take a major toll on us physically and emotionally.
So my question to you is – What worry are you putting a Stop Loss on today?
Enjoy your weekend, — Vishal
The post Recipe for Successful Long-Term Investing, Biggest Financial Regrets, and Applying Stop Loss in Life appeared first on Safal Niveshak.
Recipe for Successful Long-Term Investing, Biggest Financial Regrets, and Applying Stop Loss in Life published first on https://mbploans.tumblr.com/
0 notes
sunshineweb · 6 years ago
Text
Recipe for Successful Long-Term Investing, Biggest Financial Regrets, and Applying Stop Loss in Life
Every Saturday, I plan to send out this special post with a few ideas I am reading and thinking about. Plus, a question I am meditating on.
If you wish to receive this post – apart from others I write regularly on investing, decision making, behavioral finance – please sign up below.
E-Mail Address
Anyways, here is some stuff I am reading and thinking about this weekend…
Book I’m Reading – A More Beautiful Question Since early childhood, most of us learned that our parents did not like us asking many questions and that only authority figures – most grown-ups – had the right to ask them. The result was that we stopped questioning things and accepted what we saw, heard, and were told with meek acceptance.
Sadly, this approach worked well in the industrial era, but proves futile in the knowledge era, because it compromises our ability to think and understand deeply.
In his book, A More Beautiful Question, which I glanced through recently at a bookstore, Warren Berger led me to the importance of asking thoughtful, ambitious “beautiful questions” — the kind that can help us grow into happier and more useful human beings. An insightful passage from the book reads thus –
We’ve transitioned into always transitioning…In such times, the ability to ask big, meaningful, beautiful questions – and just as important, to know what to do with those questions once they’ve been raised – can be the first step in moving beyond old habits and behaviors as we embrace the new.
In the modern era, we must use unfamiliar tools in our attempt to take on new challenges without clear instructions, and with the clock ticking. In such times, Berger writes –
…questioning…will be even more important in helping us figure out what matters, where opportunities lie, and how to get there.
“Judge a man by his questions rather than his answers,” said Voltaire. Now, more than ever, the quality of our lives depends on the quality of our questions.
So, what questions are you asking?
Articles I’m Reading One of the best theories I have read on the importance of investing in high-quality businesses in the Indian context comes from Bharat Shah of ASK Group, who has written a book (sad, it’s not available publicly) titled “Of Long Term Value and Wealth Creation from Equity Investing.”
I recently came across his old interview where he shared his insights on value investing and how he formed his investment process and principles. A passage from the interview reads thus (emphasis mine) –
…successful long-term investing calls for two vital technical capabilities or craft and two personality traits. While craft can be honed and refined by observing and absorbing, character traits have to come from within and be developed.
The two essential skills are: ability to comprehend and grasp the true character and the innards of diverse businesses as well as the ability to value them. Till these abilities are developed, one cannot become a good investor.
The two vital character traits are: discipline (or temperament) and wisdom. Discipline lies in investing only into quality businesses and the temperament of not getting carried away by the fads of the markets and buying such quality businesses only at a meaningful margin of safety.
* * * One of my favourite financial writers, Barry Ritholtz, recently wrote about the biggest financial regrets people have. This was based on a survey of over 2000 people by American life insurer giant New York Life, and found these as the biggest financial regrets – Image Source: Biggest Financial Regrets – Barry Ritholtz Barry concluded thus, and I completely agree with this –
The sooner you begin to accept mistakes are inevitable, stop beating yourself up over them, and just fix what is not working, the faster the compounding can start.
By the way, do you have any personal financial regret? If yes, what are you doing about it, except regretting?
* * * That real estate and banking are two of the most corrupt industries in India has come to light again with the PMC Bank (Punjab & Maharashtra Cooperative Bank) fiasco. The suspended managing director of the bank admits that past management did not keep the board in the loop about NPAs and also claimed the bank has an exposure of Rs 2,500 crore to the troubled real estate major HDIL, which is almost a third of its loan book!
When asked about the reason for underreporting of these loans, the MD has said PMC Bank wanted to grow fast and reporting the exposure could have led to a run on the bank. And if this does not sound shocking enough, when asked how the bank was able to hide HDIL’s NPAs for all these years, the MD said, “I am not going to tell you how we got it hidden. It is that the RBI has not seen it.”
Anyways, all this reminds me of an article written in 2016 by Tamal Bandyopadhyay about the corruption levels in the Indian banking system. You would be aghast at some of what he wrote –
…the pressure on giving loans without proper risk assessment mounts on senior executives just ahead of their interviews for promotion. If they don’t oblige, the risk of missing promotion is high. The senior executives also run the risk of being transferred to places not to their liking if they reject a loan proposal, recommended by the boss.
The current boss of a government-owned bank has recently told his executives to sanction loan proposals that he recommends (of course, verbally) and not bother about whether they will turn bad. His philosophy is: As long as the loan book is growing, none should bother about non-performing assets as bad loans as a percentage of overall loans can be contained through aggressive loan growth.
Tamal also wrote –
Instances of borrowers taking care of a senior banker’s child’s education overseas or picking up the tab for wedding reception of the daughter and even honeymoon at Bali are not rare. Similarly, a real estate firm may not mind selling a flat to senior bankers at a hugely discounted price to ensure speedy appraisal of the loan process. There are also borrowers who offer “annuity” to bank chiefs after their retirement to express their gratitude for the support extended to them in appraisal of loan proposals and disbursements of loans.
The annuity comes in the form of annual holidays, chauffeur-driven cars and guest house or hotel accommodation at certain cities.
Now, this is not to say that all banks are deceitful or all bankers indulge in corruption. I have seen and known honest, hard-working bankers. But the fact remains that banks in India, like globally, remain hotbeds of corruption. And the malaise is deep…very deep.
Thought I’m Meditating On Haruki Murakami wrote this beautiful passage on weathering life’s storms –
Sometimes fate is like a small sandstorm that keeps changing directions. You change direction but the sandstorm chases you. You turn again, but the storm adjusts. Over and over you play this out, like some ominous dance with death just before dawn. Why? Because this storm isn’t something that blew in from far away, something that has nothing to do with you. This storm is you. Something inside of you. So all you can do is give in to it, step right inside the storm, closing your eyes and plugging up your ears so the sand doesn’t get in, and walk through it, step by step. There’s no sun there, no moon, no direction, no sense of time. Just fine white sand swirling up into the sky like pulverized bones. That’s the kind of sandstorm you need to imagine.
And you really will have to make it through that violent, metaphysical, symbolic storm. No matter how metaphysical or symbolic it might be, make no mistake about it: it will cut through flesh like a thousand razor blades. People will bleed there, and you will bleed too. Hot, red blood. You’ll catch that blood in your hands, your own blood and the blood of others.
And once the storm is over you won’t remember how you made it through, how you managed to survive. You won’t even be sure, in fact, whether the storm is really over. But one thing is certain. When you come out of the storm you won’t be the same person who walked in. That’s what this storm’s all about.
A Question for You Heard of the concept of “Stop Loss?” A strategy used largely by traders, a Stop Loss order is placed with a broker to mostly sell a security when it reaches a price lower than the purchase price. So, if you have bought a stock at Rs 100, you can put a Stop Loss at Rs 95 or Rs 90. As soon as the stock falls to your Stop Loss level, it will be sold and your loss will be limited.
Well, Stop Loss works in life too. In his beautiful book How to Stop Worrying and Start Living, Dale Carnegie offers us the advice of using Stop Loss in our day to day living. How long are you willing to wait for someone who was supposed to meet you for lunch or dinner? How long are you willing to remain angry with someone for something they once did to you? How much are you willing to pay for something? Are you sure that the value you put on what you want isn’t too high?
His point with all of this is that if we start putting Stop Loss on those things that have the potential to cause us worry or anxiety, we can minimize the stress in our lives that would otherwise take a major toll on us physically and emotionally.
So my question to you is – What worry are you putting a Stop Loss on today?
Enjoy your weekend, — Vishal
The post Recipe for Successful Long-Term Investing, Biggest Financial Regrets, and Applying Stop Loss in Life appeared first on Safal Niveshak.
Recipe for Successful Long-Term Investing, Biggest Financial Regrets, and Applying Stop Loss in Life published first on https://mbploans.tumblr.com/
0 notes