How is Chapter 7 Bankruptcy Different From Chapter 13
What are the different types of bankruptcy that apply to individuals? There are two, Chapter 7 and Chapter 13. You may have heard of Chapter 11 but that is for businesses not individuals.
Effective October 2005, Congress made sweeping changes to the bankruptcy laws that gave consumers more incentive to seek bankruptcy relief under Chapter 13 rather than Chapter 7. Chapter 13 allows people with a steady income to keep property, like a mortgaged house or a car, that they might otherwise lose through the Chapter 7 bankruptcy process. Basically in Chapter 13, the court can approve a payment plan that can run up to five years. This process lets you pay off today’s debts with future earnings. Obviously you have to have a steady source of income to qualify for this filing.
Chapter 7 is sometimes refered to as a straight bankruptcy. Basically Chapter 7 requires the liquidation of all but a few work related assets like a vehicle used in work or tools etc. All other property will be sold or given to debtors as payment. The chapter also places a limitation on the amount you can earn during this process. The intent of the law is to insure the debtor does not profit by not paying his debts.
Once you have filed for Chapter 7, you will not be able to file again for eight years. Chapter 13 on the other hand, has a waiting period of only two years between filings.
Both Chapter 7 and Chapter 13 can eliminate unsecured debt, stop foreclosure proceedings, and halt collection processes. The differences lies in the way that those debts are discharged. Some debts such as alimony, child support, student loans and some taxes are exempt from the bankruptcy proceedings and cannot be eliminated.
Unlike the liquidation proceedings in a Chapter 7, Chapter 13 is designed to allow the debtor to pay off all the debt over a period of time. However, the court must be satisfied with the pay back plan otherwise it can order that other property such as boats, cars etc be sold to insure that the debts are fully paid. Arriving at a reasonable pay back plan is essential if the debtor wishes to keep his property.
In the past, bankruptcies clogged the courts as they were easy to get. Today the law tries to slow that processdown by requiring all persons desiring to file bankruptcy, to attend a government appoved counseling course regarding personal finance and credit. This requirement was added in the hopes that the debt problemcould be resolved outside the court. In addition, persons wanting to file Chapter 7 now have to have the approval of the Court regarding their income. If the Court feels that an individual’s income is too high, they will not let them walk away from the debt through liquidation.
The decision to file for bankruptcy can be a very emotional one and one that can cause a great deal of friction within a family. Don’t make the stress greater by trying to do it yourself. Seek out a qualified bankruptcy attorney to guide you throught the process.
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