Chapter 7 bankruptcy erases most debts giving the filer a fresh start with his or her credit. It generally lasts about four to five months from the time the case is filed until it is completed. People who have a large amount of unsecured debt, such as credit cards, personal loans, utilities, payday loans, cash advances, monies owing after vehicle repossessions, garnishments and medical bills are typically good candidates for chapter 7 bankruptcy.
In the majority of cases, a person can keep their home, car, and other valuables, when he or she files. Chapter 13 Bankruptcy allows a person to repay all or most of his or her debts through a payment plan approved by the Bankruptcy Court. The filer pays a pre-determined amount each month to the chapter 13 trustee who then distributes the money to the person’s creditors.
A chapter 13 bankruptcy typically lasts three to five years and ends when the filer makes his or her last payment. After the last payment is made, the filer is no longer liable for the remainder of his or her dischargeable debt. Chapter 13 bankruptcy is a good choice for a person who desires to repay all or some of his or her unsecured debt. The person must have sufficient income and the ability to repay his or her creditors in a reasonable amount of time.
Most people who file for chapter 7 bankruptcy do not lose any of their property. Chapter 7 bankruptcy is sometimes referred to as a liquidation bankruptcy because some assets can be sold by the bankruptcy Trustee to pay back the person’s creditors. This rarely occurs, however, because our expert attorneys carefully comb through every detail of your case and check for anything that could be an issue for the trustee.