Since the new century there has been new establishment of bankruptcy laws. These different types offer several avenues in how the bankruptcy will work, setting up repayment and instituting who can file what type of bankruptcy. As the new laws are more clearer, not every type of bankruptcy is ideal for every debtor and it is important to make sure that you find the right type of bankruptcy when filing, so you can get the most.
I will show the 3 common chapters:
Chapter 7 bankruptcy is the most common process as it can be filed by individuals or businesses. This type of bankruptcy allows the debts to be wipe clean with little or no repayment.
Under this type of bankruptcy one will see that some of the debtor’s properties can be exempted and everything not exempted is sold to repay debts.
Once the bankruptcy is approved the persons debts filed under the bankruptcy are cleared.
Chapter 11 bankruptcy can be filed by businesses and individuals. However, this chapter is more skewed to businesses, though.
This type of bankruptcy is suitable for those with assets. This chapter is some sort of a repayment plan so that a business can repay the debts while keeping their properties.
Under this chapter, businesses can still remain run as per normal, which is a very good option for many.
Chapter 13 is another repayment plan for individuals only. Under this chapter a person get to keep their properties while repaying their debts and avoiding common collection methods.
Any type of bankruptcy protect a person or business from collection processes. The creditors cannot proceed with the collection process once this is filed. They can not file court charges or claims. They can not continue to send letters or call a debtor. They can not do anything outside of the bankruptcy proceedings.
The choice of what type of bankruptcy to file is really based upon each person’s situation. Always look at your assets and debts carefully before you decide. Ultimately you should be concerned with the best way to get rid of your financial problems while at the same time not losing the things you own. In order to best do this you need to look at what property you own that is exempt and if you have any property that is not exempt.
Bankruptcy should not be considered as a way to get out of debt. It is intended to be a way to assist you get back on track. Do not think that you can get away with Chapter 7 because the debtor can keep some of their possessions. The revised laws have imposed rulings that stops a number of debtors from filing Chapter 7 because they have the ability to pay debts.




