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Learn The Difference Between Chapter 7 and Chapter 13 Bankruptcy Below ...

Different Chapters of Bankruptcy Filings


Let's Start With The Chapter 7

The person must first make sure that they are qualified before they file. A person is entitled to exemption under Chapter 7 if (1) their income does not exceed the median income level of the state in which they reside; or (2) if your income exceeds the state average, the "means test" is met. Before a person can get discharged for bankruptcy, they must receive credit counseling from an agency approved by the US office, in addition to the income requirement.

If you want to find out if you are eligible for Chapter 7, you must first prepare the petition. Preparing for bankruptcy can be overwhelming and confusing. For this reason, we recommend that you seek help from an experienced bankruptcy attorney in this process. There are a number of detailed rules and procedures that must be followed to ensure that your petition is properly filed with the court and you allow for the maximization of exceptions.

Difference Between Chapter 7 and Chapter 13 Bankruptcy

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Once the application has been duly filed, the court appoints a trustee to be assigned to your case to collect all "non-exempted assets" from which it will extract those assets and distribute the proceeds to the appropriate creditors. This does not mean that a trustee takes possession of all your assets. In fact, a person submitting an application under Chapter 7 may even be able to reaffirm certain debts which would later be exempted from the collection and reimbursement by the trustee. For example, if you sign a reaffirmation agreement, a debtor may continue to pay a car loan or mortgage for your home.

In accordance with Chapter 7, the debtor does not pay the trustee for his services, and the debtor filing the claim receives a discharge of all debts that can be canceled.




So, What Is A Chapter 13 Bankruptcy Procedure?

Chapter 13 Bankruptcy sometimes refers to a reorganization of debt and is very different from the Chapter 7. In a Chapter 7 bankruptcy, most debts are settled and a person first receives a "clean track". However, individuals who do not qualify for Chapter 7 bankruptcy or persons who wish to retain valuable assets may apply for financial assistance through a Chapter 13 bankruptcy filing. Though the person may have meager means, they must use part of their income to pay creditors in a three to five-year payment plan.

The duration of a person's repayment obligation depends on how much he earns in proportion to his or her amount. If the average monthly income of a person during the period of six months before the filing date of an application for bankruptcy under Chapter 13 is higher than the average income of your state, you will be asked to prepare and propose a repayment plan. Five years if a person's income is higher than the median, they can propose a payment plan in three years.

No matter how much you include, your plan ends when you have completely settled all your debts, even if you have reached the three- or five-year mark.

Chapter 13 Bankruptcy is not for everyone. Since you use your income in Chapter 13 to settle some or all of the debt, you must prove to the court that you can pay your bills. If your income is irregular or too low, the court may not allow you to file Chapter 13.

If the total burden of your debt is too high, you are not eligible. Your secured debts must not exceed $ 1,010,650 and your unsecured debts must not exceed $ 336,900. A "guarantor guarantee" is a debt that gives the creditor the right to take a certain object (such as your home or car) if you do not pay the debt. An "unsecured debt" (eg a credit card) does not grant the creditor this right.


The Chapter 13 Payment Plan

The most important and, unfortunately, the most complicated aspect of filing a Chapter 13 is the payment plan. This is a detailed list that describes exactly how a person pays their debts. There is no official form for the plan. Therefore, it is strongly recommended that you consult an experienced bankruptcy attorney when preparing your payment plan documents.

A Chapter 13 plan is required to fully settle certain debts. These debts are called "priority debts" because they are considered important enough to reach the head of bankruptcy. Primary debt includes alimony, wages owed to workers, and certain tax obligations.

In addition, your plan should include your regular payments for secured debts, such as: As a mortgage or a car loan, as well as the payment of any arrears (sums due) debts.

A payment plan must also illustrate that the disposable income left by a person after the required payments is used to pay for unsecured debts such as credit cards. It should be noted that a person does not have to pay these debts completely or fully.

If for whatever reason, a person fails to complete a payment plan under Chapter 13, if circumstances warrant it, the Trustee has the power to amend the plan or a court can completely cancel the remaining debt. If the bankruptcy court does not allow you to change your plan or obtain an exception for financial difficulties, you may be able to switch to Chapter 7 bankruptcy or obtain permission from the court to terminate your Chapter 13 bankruptcy remaining debt and the interests of the released creditors, while the case of Chapter 13 was pending.




Disclaimer: This Content Does Not Constitute Legal Advice

This article is for informational purposes only and should not be construed as legal advice. Consult with a licensed bankruptcy attorney if you are considering bankruptcy, or other competent counsel before pursuing the subject matter of this article. Collection laws vary from state to state.

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