Bankruptcy Fundamentals

Bankruptcies can be called "reorganizations" orcredit counseling, budgeting and debt management
'liquidations", depending on which type of bankruptcycounseling with approved counseling companies before
you decide to do. Both a "Chapter 7" and a "Chapterdebts will be removed. Individuals with higher income
13" bankruptcy are federal court processes that arelevels will not be permitted to file a Chapter 7
meant to assist businesses or consumers to get rid ofBankruptcy and instead will be required to pay at least
their debt or to repay the debt with protection providedsome of their debt under a Chapter 13. Chapter 13
by the bankruptcy court. A Chapter 7 bankruptcy isBankruptcy A Chapter 13 bankruptcy is for individuals
considered a "liquidation". If you own property, it is soldwho are earning money. It 'reorganizes" the debt to
(liquidated) and the profit is used to pay off as much ofmake it possible for the individual to make payments to
your debts as possible and leaving you with enough tostart paying off the excessive expenses with
start over. A Chapter 13 bankruptcy is ainstallments and over a period of three to five years.
"reorganization" and is by far the most common typeUsing Chapter 13 bankruptcy is a good way to repair
of consumer bankruptcy. Consumers who file ayour financial situation, and keep your home if you
Chapter 13 typically repay their debts over a period ofhave one. Under a Chapter 7, you are almost always
three to five years under the protection of therequired to sell your home; while a Chapter 13 can
bankruptcy court. If you are considering bankruptcy,keep you from going into foreclosure. Credit
you should understand that both variations ofCounseling Requirements for Bankruptcy Credit
bankruptcy have exceptions regarding which types ofcounseling must be completed through an agency that
debts are covered, who is eligible to file for ais approved by the United States Trustee's office
bankruptcy and what property you will be allowed tobefore any person or business entity will be entitled to
keep during a bankruptcy. Chapter 7 Bankruptcy Forfile for a Chapter 7 or Chapter 13. The reason this is
individuals or businesses that are convinced there is norequired is because many individuals discover after
way to get themselves out of the debt they've gottenthey've undergone the counseling that they do not
into, a liquidation bankruptcy (also called a Chapter 7),need to file bankruptcy, and can get themselves out of
can be filed. When you file Chapter 7 you will probablydebt using an informal repayment plan. While you are
be required to sell some of your property (if you ownrequired to participate in the counseling programs prior
any) in order to pay down some of your debt. Whento filing for a bankruptcy, you are not required to use
you do this, the Chapter 7 bankruptcy will then erasethe repayment plan the agency might propose to you.
most (if not all) of your unsecured debts. SomeWhen the bankruptcy case has ended, you are
property is considered exempt under the state and/orrequired to attend another counseling session that
federal laws- meaning you probably will not have toteaches you about personal finance management. This
sell your clothing, car or household furniture. If you don'tsession is designed to help you from getting into
happen to own very much, your case may befinancial difficulties again with effective financial
considered a "no asset" case, and what property youmanagement.
do have will likely be considered exempt. RecentDestroy Debt offers tools and advice advice to help
changes to the bankruptcy law mean that any debtoryou reduce debt.
wanting to file for a bankruptcy must first undergo