Is Bankruptcy Right for You?
Chapter 7 and Chapter 13 BankruptcyNobody wants to file bankruptcy. However, all too often people are left with no other options. Whether their problem stems from medical bills, credit card debt, divorce, pay day loans, repossessions, law suits or judgments, doing nothing can make a bad situation even worse "quickly". Often we hear people say, "they are tired of robbing Peter to pay Paul". If this sounds like your situation, you may want to consider bankruptcy.
CHAPTER 7 BANKRUPTCY FACTS
The most common type of bankruptcy is a chapter 7 which is often referred to as a "liquidation" proceeding. The objective of a chapter 7 is to discharge as much of your debt as possible while protecting as many of your assets as allowed by law. Many people are shocked when they learn they are allowed to keep most if not all their property including cars, retirement accounts, cash, household goods and furnishings.
The filing of a chapter 7 almost always provides immediate relief. Once a Chapter 7 bankruptcy is filed, creditors are forced by law to immediately stop:
- Harassing phone calls
CHAPTER 13 BANKRUPTCY FACTS
Chapter 13 bankruptcy, often called a "wage earners plan" or "plan of reorganization", operates differently than a chapter 7. In a chapter 13 "YOU" rather than your creditors develop a repayment plan. The repayment plan lasts over a 3-5 year period at a payment amount you can afford. Unlike a chapter 7 bankruptcy which simply eliminates your unsecured debts and has no payments, a chapter 13 bankruptcy can be a very powerful tool to solve certain types of problems. For instance, a chapter 13 bankruptcy allows an individual to stop foreclosures and cure their delinquent mortgage payments. Chapter 13 also helps with past due taxes, back child support, vehicles in jeopardy of repossession, divorce settlement obligations, and can in many cases eliminate 2nd mortgages while allowing you to retain your home.