Which Chapter of Bankruptcy Is Best?
Which chapter is best depends on the nature of your debt
and the nature and value of your assets.
CHAPTER
7 Chapter
7 is the most frequently selected kind of bankruptcy
for individuals. The debtor receives a discharge of most unsecured debts
within several months of filing the case. Most debts are dischargeable.
A few debts including support, alimony, some taxes, and most student loans
are not dischargeable.
CHAPTER 13
Chapter 13
is frequently a better choice if:
- you have debts that are not dischargeable under Chapter
7
- you are in default on mortgages or car payments
- you have too much income to file a Chapter 7 bankruptcy
- you have more property than can be exempted from
creditors in Chapter 7
- you owe taxes or other debts that are not dischargeable
in Chapter 7
To be eligible for Chapter 13, you must have regular income and debts
below a certain level.
The choice of chapter depends on many factors particular to your individual
situation,and is one of the most important reasons to get good legal
advice before filing.
We are a debt relief agency we help people file Bankruptcy Petitions to obtain relief under the Bankruptcy code.
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