Types Of Bankruptcy – What Are The Differences?

An individual in the United States of America has two options when filing bankruptcy, chapter 7 whereby the individual’s debts are basically eliminated and chapter 13 in which the individual’s debts are allowed to be paid off over five years.

Businesses can use a Chapter 11 bankruptcy during which they can reorganize their debt until it’s paid off or renegotiated in order to remain in business until their financial house is back in order.

Following the new bankruptcy laws there are now tests in place to determine whether or not an individual can qualify the chapter 7. You will need to consult with a bankruptcy attorney to find out which bankruptcy you will be able to file under.

The main part of the test for an individual will consist of an income calculation to find out whether or not the individual has a monthly income that is higher than the state average, if he or she does the individual would then have to file under chapter 13 and would not be allowed access to chapter 7.

In Chapter 7 bankruptcy, all debts, including secured and unsecured can be discharged. However, some assets owned by the individual may be confiscated and sold by the court in order to satisfy a portion of the secured debt.

Clearly out of chapter 13 and chapter 7 bankruptcies, it is chapter 7 which will provide the most financial relief.

The paying off of debt over time

If the individual cannot qualify for a chapter 7 bankruptcy, they will still be able to file for chapter 13. In doing so they will be obligated to make payments on a monthly basis to a court trustee, who will in turn send out the payments to the individuals different creditors.

Out of the two individuals types of bankruptcy, chapter 13 and chapter 7, chapter 13 will help the individual to make good all their financial obligations and at the same time hold back creditors from attempting to take collection actions against the debtor in question.

In the past, a lot of people may have started out in Chapter 13 bankruptcy and found they were unable to meet the obligations and so moved into Chapter 7.

Under the new bankruptcy laws, which went into effect in 2005, the choice between the two types of bankruptcy is determined by the courts means test.

If the person has the means, current income level, to pay off their debts, they are restricted to filing for Chapter 13 whether they like it or not.

Whether you file for chapter 7 or 13, any assets or initial payments will first go to creditors with priority access. Priority access will be granted to but not limited to, student loans, part income taxes and generally most other government obligations you may have.

As soon as all of your creditors that have qualified for priority access have had all debt paid, the paying of all your unsecured creditors will then start to take place.

It is really, really vital to remember that what ever you do, what ever bankruptcy you can file for, bankruptcy really must be your last option. Once you’ve filed bankruptcy there is no turning back and it will remain on your public records for as long as 10 years.