Timolyn Whitney Tillman, Attorney
TO GET STARTED NOW,
DOWNLOAD BANKRUPTCY PACKAGE
Bankruptcy InformationChapter 7 vs. Chapter 13 |
Chapter 7
Chapter 7 bankruptcy is a liquidation proceeding in which the debtor's non-exempt assets, if any, are sold by the Chapter 7 trustee and the proceeds distributed to creditors according to the priorities established in the Code.In most of our consumer Chapter 7 cases, the debtors are able to exempt and keep everything that they own and they are considered "no-asset" cases.
Eligibility to file Chapter 7 is determined by the means test instituted with the 2005 amendments to the bankruptcy code.
Chapter 7 is generally the simplest and quickest form of bankruptcy and is available to individuals, married couples, corporations and partnerships.
Filing Chapter 7
The case is begun by filing the official petition, schedules and statement of financial affairs. These forms prompt you to list all of your assets and all of your debts, along with some recent financial history.This is the most important and most time consuming part of a bankruptcy filing
It is important that every creditor is listed in the schedules with an accurate mailing address.You must list all of your debts, even if the debt is not dischargeableor if you intend to reaffirmthe debt.
The schedules also list your property, any debts secured by that property, and the sale value of the property."Property" here means "assets" or "possessions", not just real estate.The schedules are signed by the debtor under penalty of perjury.
The schedules are filed with the bankruptcy clerk in the district in which you live, or have lived for the greater part of the last 180 days.
For most purposes the rights of the debtor and the creditors are those that exist on the day the case is filed.All of the proceedings in bankruptcy after the filing relate to the situation as it was on the day the case was filed.
Chapter 13
Chapter 13 bankruptcy is a repayment plan that protects the debtor from collection action during the case and discharges any unpaid balance of dischargeabledebts at the end of the plan.
In Chapter 13, the debtor can impose a debt management plan on creditors, which creditors must accept, stopping the running of interest on credit card debt.The court will enforce the plan against uncooperative creditors.The discharge in Chapter 13 covers many debts that cannot be discharged in Chapter 7. It is a powerful tool for debtors to regain control of their financial lives and to get a meaningful fresh start.
