Chapter 7 vs Chapter 13 Bankruptcy
So your credit cards are maxed out, you owe several creditors money, bills are piling up and you aren’t sure what to do. Bankruptcy is an option you are considering, but you don’t know much about filing for personal bankruptcy. It’s important you understand the two types of personal bankruptcy that exist.
For individuals, there are two types of bankruptcy that exist. One is Chapter 7 and the other Chapter 13. In Chapter 7 bankruptcy, your nonexempt property will be sold to pay off your debts. Chapter 13 bankruptcy is a way of working out a repayment plan to pay off your debt. Depending on your situation, one type of bankruptcy filing may be more appropriate than the other.
Chapter 7 bankruptcy is also known as liquidation or a straight bankruptcy. Chapter 7 Bankruptcy is the most common form of bankruptcy accounting for almost two-thirds of all consumer filings. This is one of the faster ways for you to start fresh. The case usually lasts for only a few months after an attorney make the initial filing.
You should consider Chapter 7 bankruptcy if you are in a position to sell your nonexempt property and use the proceeds to pay your creditors. Of course, you want to make sure that you will have property left over after paying your debts to start fresh with a good foundation. Speaking with a bankruptcy attorney about this option is a great idea.
If you have an income coming in or if you make to much to qualify for Chapter 7 bankruptcy, than Chapter 13 may be a fit for you. A Chapter 13 filing will enable you to work with your creditors to repay them. Typically you will restructure the debt you owe and repay it within 3-5 years.
If you are currently making money, but are not in a position to pay of your debt immediately, you should consider Chapter 13. Speaking with a bankruptcy lawyer will ensure you take the right path with your bankruptcy filing.
After reading this article, you should have a better conception of what bankruptcy entails and your various options available. The next step is to speak to a MA bankruptcy attorney to see what type of filing is the best fit for your situation.
When you are facing the prospect of bankruptcy, educating yourself about the process is important.People often feel nervous when they find themselves in financial situations like these. Speak with Matt Desrochers & Associates, MA bankruptcy attorneys. Bankruptcy is not something to take lightly, but it is not as scary as you might think.
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