What’s the Difference?
Bankruptcy law can be complicated, but if you read the following descriptions you will be sure to understand the basics of bankruptcy law and will understand the difference between the types of bankruptcy. This includes the more common Chapter 7 bankruptcy and Chapter 13 bankruptcy and the less common Chapter 11 bankruptcy and Chapter 12 bankruptcy.
Chapter 7 Bankruptcy
Generally, a Chapter 7 bankruptcy is a liquidation bankruptcy or a legal way to wipe out your debts and start fresh. You will be able to wipe out most of your unsecured debts, such as credit cards, personal loans, repossessions, medical bills, etc. Most people who file Chapter 7 bankruptcy are able to keep their homes and cars as long as they are current on their payments. However, there are income limitations on who may be able to file a Chapter 7 bankruptcy. Continue reading to learn more about Chapter 7 bankruptcy.
Chapter 13 Bankruptcy
Generally, a Chapter 13 bankruptcy is a reorganization plan bankruptcy, or a legal way to pay back a portion or all of the debts that you owe. In Chapter 13 bankruptcy, you are usually able to keep your house and/or car. The most common reason for filing a Chapter 13 bankruptcy is to allow you to catch up on your house and/or car payments and stop a foreclosure or repossession. In a Chapter 13 bankruptcy, your secured debts including what you are behind on your house, your mortgage payment(s) and what is owed on your car, and a portion of your unsecured debts including credit cards and medical bills will be repaid over a 3 to 5 year time period. Continue reading to learn more about Chapter 13 bankruptcy
Other Types of Bankruptcy
Three less common types of bankruptcy are Chapter 9, Chapter 11 and Chapter 12. Chapter 9 bankruptcies are for municipalities or local governments. Chapter 11 bankruptcy is usually for corporations. However, if the corporation has limited or no assets, or the business is a sole proprietorship, it is often best to file a Chapter 7 or Chapter 13 bankruptcy. You should speak to an attorney for more information regarding which of these bankruptcies is best for your business. Chapter 12 bankruptcy is generally for family farmers or family fishermen. There are limitations on both of these bankruptcies based on federal and state laws. In many ways, both of these types of bankruptcies are similar to Chapter 13 bankruptcy for individuals.
Contact our bankruptcy attorneys today to learn how we can help you.