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Chapter 7 Or Chapter 13 Bankruptcy

Nov 27, 2007
A New Beginning With Bankruptcy - Chapter 7 Bankruptcy

No one ever expects it to happen but everything get out of control and you are in debt far over your income. No one wants to think about filing bankruptcy but sometimes you just don't have a choice. Chapter 7 bankruptcy allows you to emerge from a difficult experience and start all over. Chapter 7 bankruptcy is when a debtor's assets are sold and the money is distributed to his creditors. If a debtor has no assets, his fresh start is achieved that much quicker.

Chapter 7 is the most common style of bankruptcy. This type of filing is most common, claiming about 65% of all bankruptcy filings. As long as the creditors have no objections, the debtor can be free of debt within a few months.

A debtor will not lose their house or car if they agree to continue to pay for these items. Many people are unfamiliar with this information and won't even check into Chapter 7 bankruptcy. The only drawback to Chapter 7 is that you are unable to file bankruptcy within six years after a previous bankruptcy discharge.

How do you file a Chapter 7 bankruptcy claim? The easiest answer to this is to contact a bankruptcy attorney. There are forms to be completed and filed with the court system. An attorney will lead you through this procedure. It is very important to answer all questions truthfully.

No one ever thinks they could possibly have to file bankruptcy. It is comforting to know that if things get bad enough you do have an option. It is also reassuring to know that you don't have to lose your house or car when trying to make a new beginning.

A Way To Ease The Pain - Chapter 13 Bankruptcy

The debts have been mounting up and you are getting farther and farther behind in paying them. You want to pay them but you are not sure exactly how to get that done. Chapter 13 of the bankruptcy code allows you to do exactly that. You can pay your bills back at a lower interest rate or no interest rate at all. A Chapter 13 bankruptcy allows you to keep your assets. This type of bankruptcy is for those who have a regular income and can afford request an adjustment. Chapter 13 bankruptcy gives you five years to repay your debts. During these five years, an attorney will oversee the process for both you and the courts.

A Chapter 13 bankruptcy allows the debtor to keep their property. The courts will set them up on an interest free plan of repayment. There will be a written plan drawn up to protect both the debtor and those that he owes. Once this plan has been written and approved the repayment process must begin in thirty to four-five days. The repayment plan does not have to involve a trustee, but could if desired. The creditors are bound by law to adhere to this plan and are unable to collect any other claims from the debtor. You will work with your attorney to set up a reasonable repayment plan for you.

Chapter 13 bankruptcy has a full discharge option when the debtor has completed all the required payments. This type of bankruptcy plan also allows for a repayment plan even if the creditors disagree with it. They do have the option to file an objection, but if it has been approved by the court these circumstances don't allow them a lot of options. If you want to repay your debts but at a slower rate this is probably the way you want to go. You get out of debt and get to keep all your property.
About the Author
Legal Helpers consumer bankruptcy law practice is the largest in the U.S. with a client base of over 40,000 and represents over 10,000 new clients each year in consumer bankruptcy.
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