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Is Chapter 7 Bankruptcy
the Right Answer for You?
Chapter 7 bankruptcy offers a fresh start for many people who feel buried in credit card debt, medical bills and other unsecured debt.
In most Chapter 7 cases, an automatic stay takes effect as soon as the case is filed. That stay freezes collection action immediately: repossession, foreclosure, wage garnishment, lawsuits, even threatening letters and telephone calls.
When a discharge order is entered in a Chapter 7 case – often just four to five months after filing – most unsecured debt is eliminated. That means creditors and collection agencies are violating a court order if they ever try to collect that money again.
What would waking up debt free do for you? Are you ready to find out?
The Chapter 13 Bankruptcy
Of course, Chapter 7 isn’t a one-size-fits-all solution. For people with high income, high-value assets that may not be exempt in bankruptcy, or a lot of secured debt, Chapter 13 often provides relief.
The core of a Chapter 13 case is a three to five year repayment plan that allows time to catch up on past due balances without the constant pressure of collection actions, mounting late fees and the ongoing threat of repossession or foreclosure.
Some remaining unsecured debt may even be eliminated when the plan is successfully completed.
Take the first step right now and breathe easier tonight.
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Frequently Asked Questions
There usually are court costs associated with filing for bankruptcy. The costs will vary depending on the type of bankruptcy, and your current financial situation. At the time of writing, the cost of filing for a Chapter 7 Bankruptcy is $306 and for a Chapter 13 Bankruptcy $281, . Yet, some courts may also charge a more administration fee. The good news is that in most cases, it is possible to pay the filing fee in installments. Some courts may also waive the filing fee for a Chapter 7 Bankruptcy if you can prove that your income is below a certain level. And the federal courts decide not to allow you to pay the filing fee in installments.
Whether you use a company like Bankruptcy Help or an attorney, there will be additional costs or monthly payments involved including attorney fees, and it is standard practice to pay upfront for those services, particularly in a Chapter 7 Bankruptcy case.
Chapter 7 - Perhaps the most well known and severe type of bankruptcy. Typically, this takes between two and three months and involves the sale of your residential property to pay off your debts.
Chapter 11 - A highly complicated process, predominantly targeted towards business debtors, but for instance, it may be suitable for individuals with substantial debts and assets.
Chapter 12 - A type of bankruptcy very similar to Chapter 13, but exclusively available to family farmers and fishermen.
Chapter 13 - A court-supervised repayment plan which is designed to repay an agreed percentage of your total debt, over a period between 3 and 5 years. All cases in Chapter 13 refer to a form of payment plan. You will first have to evaluate the amount of loans you would repay as well as the money you wish to retain in order to decide the payment plans.
Chapter 7 and Chapter 13 plans are the most frequently used options; it is preferable to file a Chapter 13 in any case, as it enables the person filing for bankruptcy File for Bankruptcy to retain their property, versus Chapter 7 where they must sell it to clear their debts.
The fact that you have filed for bankruptcy will be registered on your credit report. Once you filed for Chapter 7, then it will remain on the file for ten years, and for seven years if you filed for section 13. But, although obtaining credit will be more challenging, it will not prevent you from ever obtaining credit again in the future. So, before filing for bankruptcy, it is important that you seek help and legal advice.
There are hundreds or thousands of reasons why an honest worker might be in financial difficulty. The federal bankruptcy laws were designed to provide people with a second chance, and a fresh start. You can use the File for Bankruptcy bankruptcy exemptions or the exempt property law to protect things that you will need to work and live. So, File for Bankruptcy laws were also intended to ensure that all creditors are treated. Once you've finished the bankruptcy process, your creditors won't collect outstanding debts. And as a consequence, you are then able to move forward with your life.
Dischargeable debts are debts that can be eliminated after an individual file for bankruptcy. When a debt is said to be discharged, the debtor is no longer obligated to repay the debt, and the creditor is prohibited from trying to enforce payment. Need to understand that if someone else co-signed on an agreement, they would remain liable for the debt. Also, if the debt was a secured loan, where you agreed to use the property as collateral for the loan. Then your creditor may still be entitled to repossess the property, should you not repay the loan. If this is the case, it is best to talk to our helpful customer service team who will give you the right advice or information from a bankruptcy lawyer.