Chapter 7 Bankruptcy Basics
Chapter 7 bankruptcy is the most frequently chosen method to reduce or even erase debt under bankruptcy court supervision. Still, this type of filing requires compliance with several key rules regarding which debt can and cannot be forgiven in this type of bankruptcy filing. Know how chapter 7 bankruptcy can affect your business.
Filing for Chapter 7 Bankruptcy
In order to file for Chapter 7, you must fill out several bankruptcy forms detailing what you make, spend, own and owe. A trustee then reviews these documents before presenting them at what’s known as the 341 meeting for approval by your creditors.
Depending on the situation, nonexempt assets like your house or car may be liquidated to pay creditors in Chapter 7. However, most Chapter 7 cases are “no asset” cases in which no property is liquidated – either way unsecured debts (like credit card bills) will be discharged and secured debts can often be resolved by redeeming or reaffirming them.
It’s essential to learn how long It takes to file Chapter 7 Bankruptcy.
Chapter 13 Bankruptcy Basics
If your unsecured debts exceed half of your annual income and you have limited disposable income, bankruptcy may be the right solution. Before filing bankruptcy, however, credit counseling from a non-profit agency is mandatory, and property that’s nonexempt (nonexempt property) will need to be sold off as payment towards creditors.
What Can Chapter 13 bankruptcy Do?
Chapter 13 bankruptcy offers you an option for repayment of some or all of your debts over three to five years in an affordable monthly plan. It can help protect your home and car if you’re behind on mortgage payments, avoiding foreclosure and staying current with payments. Plus, it may enable lien stripping to remove junior unsecured liens from real property and decrease principal loan balances through loan cramdown.
Once you file for either chapter of bankruptcy, all actions by creditors to collect on your debt will immediately cease, including:
- Phone calls
- Lawsuits
- Wage garnishment
- Repossession
- Foreclosure proceedings
Furthermore, co-debtors are protected from liability thanks to a bankruptcy law known as “co-debtor stay.”
Learn more about How to Convert from Chapter 13 to Chapter 7 Bankruptcy