Practice of Law -- Bankruptcy Services
Chapter 7, Chpater 13, and Chapter 11
Chapter 7 is a complete liquiidation of all debt. If approved (called a "discharge"), the Court will relieve the debtor
of all further obligation on any debt included in the bankruptcy petition.
Through counsel, the debtor files a petition with the bankruptcy court. This filing includes a means test to determine eligibility for filing a chapter 7 case, a list of his/her assets, debts, and income, and a list of those assets the debtor wishes to retain (called claiming an "exemption"). The process of preparing the petition is the most time consuming aspect of the bankruptcy process for both the debtor and counsel.
There is no repayment plan for a chapter 7 case -- all debts are liquidated. However, that also means that nothing is retained, and any lienholders have the right to file to possess the property under lien if you retain it after bankruptcy. A bankruptcy does NOT discharge secured property liens if you claim the property as an exemption. The chapter 7 will discharge debts only (loans and amounts owed). That means, for example, that if you are able to claim your house an an exemption, even though the mortgage is dissolved (discharged) in bankruptcy, the bank still maintains a lien on your house for the amount of the original loan. Although the bank cannot demand payment, it may foreclose and sell the property to satisfy the lien. These are complicated considerations. Be sure to speak to one of our attorneys BEFORE filing anything in a bankruptcy situation. CONTACT US NOW!
This is another common form of bankruptcy where the debtor wishes to retain his/her property during the pendancy of the bankruptcy, and after the discharge of the debts. As discussed before, in a Chapter 7, you will lose any property that the trustee can liquidate to repay debts; andything that is retained by the debtor as exempt is subject to foreclosure or repossession by the creditor if a lien is present. In a Chapter 13, the creditor is forced to accept a repayment plan, and if properly paid during the Chapter 13 plan period, cannot reclaim their property. At the end of the plan, any remaining debts are discharged.
- * Requires Credit Counseling (just as in a Chapter 7).
- * Required a repayment plan (either 3 years or 5 years depending on your income level)
- * During the repayment plan, you must stay pay both the amount due currently AND the repayment amount per the plan
- * After the plan duration, if all plan payments have been made, remaining debts are fully discharged.
- * There are income requirements for this type of bankruptcy.
- * USE A CHAPTER 13 BANKRUPTCY WHEN YOU WANT TO KEEP YOUR ASSETS