Chapter 7 is the most common form of bankruptcy filed by individual debtors to get rid of most dischargeable debts, including credit card debt, medical bills and other secured and unsecured debts.
A bankruptcy attorney will evaluate your assets and exemptions to determine if you have any possible non-exempt assets to be aware of before you file for Chapter 7. Chapter 7 proceedings typically last three months from file date to discharge date and there is one mandatory appearance at the “341 Meeting of Creditors” that you and your bankruptcy attorney will attend together about one month after filing. If you are married, you do not need to file with your spouse although you can.
Chapter 13 bankruptcy involves a monthly repayment plan over a three to five year period of time. During which time, your monthly payment is calculated according to your disposable income go toward paying down your debts.
Chapter 13 is designed for individuals with a regular source of income who can afford to make minimum monthly payments toward a pay down of their debts. After successful completion of a Chapter 13 plan, most individual debtors receive a discharge of the remaining debt that was not paid down during the term of the Chapter 13 plan.
An experienced bankruptcy attorney can evaluate your situation and inform you of which form of bankruptcy you qualify and, if applicable, what you can expect your Chapter 13 monthly payment to be.
Chapter 11 is a business bankruptcy proceeding most often utilized by businesses experiencing issues including cash flow shortages, tax liabilities, secured creditor or financing problems, lease disputes and rental arrearages, pending litigation or administrative action, and amassing secured and unsecured debts.
Individuals may also file bankruptcy under Chapter 11 when relief is not available under Chapter 7 or Chapter 13.