Chapter 13 Bankruptcy Summary Chapter 14

When you file bankruptcy, whether it be a Chapter 7 or Chapter 13 filing, the bankruptcy trustee plays a big role in the process. Once you and your bankruptcy attorney have filed a successful bankruptcy petition, the bankruptcy court assigns a bankruptcy trustee who will be charged with executing your estate. In a chapter 7 bankruptcy the trustee will sell your non-exempt property and use the proceeds to pay back your creditors. In a Chapter 13 bankruptcy case, you make one monthly payment to the trustee who then devise it up to your creditors according to the payment plan that the court approves. Anyone filing bankruptcy must be completely honest and forthcoming about their accounts, assets, money, and property. You cannot hide or get rid of money or property before or during a bankruptcy without getting it approved by the trustee and courts. A bankruptcy attorney will be able to explain this to you in greater detail and offer you advise on property that you do want to get rid of.

White breaks down the two main types of personal bankruptcy; White says both types first require credit collectors all actions to get the debtor to repay their debts. She then goes on to explain which debts are wiped clear from being paid back and the main difference between the two types of bankruptcy. Chapter 7 only makes debtors repay back from their own current money and Chapter 13 lets debtors repay by taking money out of their future earnings.

Most people file for bankruptcy because they’re indebted to a person or corporation, like a bank for example. When you file for Chapter 7 bankruptcy, an impartial trustee is appointed to your case and handles the liquidation of

In this regard, Ayotte and Skeel (2010) conclude that, “Bankruptcy has proven to be an adequate mechanism for handling the former choice, and it is flexible enough to accommodate the latter” (p. 470). In sum, then, although the optimal time for filing a chapter 11 bankruptcy petition will depend on the unique circumstances of the firm that is involved, filing before the firm becomes too severely financially distressed appears to be the superior alternative to filing later.

When reviewing the American Bankruptcy Institutes website I was researching the total number of bankruptcies in 2012, the total number of non-bankruptcies in 2012, and the total number of business bankruptcies in 2012. My findings concluded that the total number of bankruptcies in 2012 which consists of business and non-business fillings which includes the states and D.C. was 1,232,294 (ABI, 2013). The total number of non-business filings in the states and D.C. in 2012 was 1,232,294. The report shows that there were 811,789 non-business Chapter 7 filings and 352,553 non business Chapter 13 filings in 2012 (ABI, 2013).

Not everyone qualifies for Chapter 7 bankruptcy. Therefore, filing for this type of protection is only a good option for you if you meet the eligibility requirements. Among other qualifications, your income must be under the state median in order to file Chapter 7 bankruptcy, according to the United States Courts. If your income is over the median, you may still qualify if you are able

The complete Chapter Seven individual bankruptcy progression normally takes approximately four to six months and generally entails just one trip to the courthouse.

If at all possible, avoid filing bankruptcy. The fact that you filed for bankruptcy is noted in your credit report and will stay there for 10 years. It can be tempting to just go ahead and file bankruptcy to get out from under the debt, but the detrimental effects can be long lasting. Though it may provide some immediate relief, be aware of how it will impact your access to credit in future years.

Trustee asks questions to determine whether there is property available for sale in order to satisfy all or a portion of your debt. If your property is exempt, then the Trustee cannot sell any of your property. In a Chapter 13 Case, the Trustee asks questions to determine whether the monthly payment that you and your attorney have proposed is sufficient to pay each type of creditor the amount required under the Bankruptcy Code. Each type of creditor may be treated differently, and some creditors may not receive any money during the entire term of your Chapter 13 Case, depending upon your unique circumstances.

List of Pros of Chapter 13 Bankruptcy 1. It lets you have more flexibility in repaying your debt. Your repayment period may take longer (3 to 5 years) but this

The fundamental motivation behind a chapter 11 legal advisor is to help an individual or business experience the legitimate systems for recording liquidation. Legal counselors are intended to help manage lenders, meet with the court frameworks to set up installment arrangements or

When in the midst of a Chapter 13 bankruptcy plan, filing for a divorce will mean revisions that have to be accepted by the bankruptcy trustee. Since many Chapter 13 bankruptcy plans are very strict and leave very little “extra” cash, many feel as if they are left in an impossible situation. One or both of the parties want to leave the marriage, but they’re already in a strict repayment plan. In many cases, the repayment plan is based on parties being required to work full time (some up to 7 days a week) in order to make their agreed upon payments in a timely manner. Parties aren’t sure whether the Chapter 13 trustee will revise the plan in order to compensate for separate living expenses, spousal maintenance costs, etc. It seems as if the new development of an impending divorce could make all past efforts to get out of debt through the Chapter 13 bankruptcy pointless. In this instance, there are two options open to the parties involved in the bankruptcy and seeking divorce: reduce the Chapter 13 plan payment to accommodate two separate households or convert the bankruptcy to a Chapter 7. Today, we’ll discuss the first option more in depth.

We know declaring bankruptcy is not a decision you made lightly. These are tough economic times and we know that there are so many things that can get out of hand and out of control.

When people talk about filing for bankruptcy, it is usually a Chapter 7 case. However, a Chapter 13 filing offers an individual in financial distress a variety of advantages. In a Chapter 13, the debtor submits a repayment plan that sets forth how all your creditors will be paid. As long as you are making your monthly plan payments, you can keep ALL of your assets (even non-exempt assets). Your plan will pay your creditors, fully or partially, over a period of three to five years, interest free!

Over the years, the process of declaring bankruptcy has become incredibly simple. Because of this change, the number of people declaring bankruptcy is at an all time high. Today, bankruptcy is a common thing among companies and individuals alike. The American bankruptcy law allows people to avoid paying their debts by offering the debtors a discharge without a harsh consequence. By not having repercussions for their actions, bankruptcy filers often plan future bankruptcies, allowing them to steal even more money from creditors with no punishment. There are 13 different chapters in the bankruptcy system with the principal chapters being 7,11, and 13. You can only file for bankruptcy under these three chapters, the others are there to