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chapter 13 bankruptcy explained FAQ


Best advice is to contact a local bankruptcy attorney in your area, most will see you free the first consultation. A good website is the US Bankruptcy official site, www.usbankruptcy.gov Excellent site for information on chapter 7 and chapter 13.


I would go with a Chapter 7. In a Chapter 7, you can keep your home and vehicles by continuing or renegotiating your payments. Any other expenses, like credit cards would normally be dismissed against you. Of course, this stays with you for 7 years.


Chapter 13 is a reorganization of your debt under the supervision of the US bankruptcy court. Usually, it will involve paying off 100% of your debts under payments determined by the trustee. In some cases, you may be able to pay less than 100%. Your attorney


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Chapter 11& 13 are basically plans to to repay; Chapter 7 is a complete bankruptcy with either a liquidation or discharge of debt.


The Chapter 7 bankruptcy is also known as the ‘liquidation’ bankruptcy, as that’s what basically describes the process involved with getting rid of the debts the petitioner owes.

The Chapter 11 bankruptcy filing is known generally

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Chapter 7, 13, 11 Bankruptcy Explained

18.05.12

A Chapter 7 bankruptcy is known as a liquidation proceeding, because a debtor filing under this chapter subjects his or her non-exempt assets to the control of a bankruptcy trustee whose job it is to sell those assets to pay creditors. If there are no non-exempt assets, unsecured debts are typically "discharged," meaning that they are legally non-existent. In the majority of Chapter 7 cases, our clients' bankruptcy trustees do not end up selling any property because the Bankruptcy Code allows Chapter 7 debtors to "exempt" most personal property from sale. For example, your equity in a home owned by you and used as your personal residence is exempt up to $20,250, and your equity in an automobile is exempt to the extent of $3,125. If your equity in your home or car does not exceed the amount of your exemption, and if you keep your payments current, then you may be able to keep those assets without fear of losing them to the trustee or your creditors.


Source: JD Supra (press release)

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