The Chapters of Bankruptcy
Chapters 1, 3 and 5
Chapter 1 has general provisions, Chapter 3 concerns case administration and Chapter 5 has provisions dealing with creditors, the debtor, and the case under all of the forms of bankruptcy.
This chapter is often called “straight” bankruptcy, because in a Chapter 7 bankruptcy filing none of the debts are paid back. A debtor files the appropriate papers, listing assets and liabilities, and providing other required information. If they meet certain criteria, after the court appearance, the debts are discharged and the debtor gets a fresh start.
A Chapter 7 Bankruptcy filing may provide you with the opportunity to legally relieve yourself from unsecured debts.
- Unsecured debt usually refers to things such as: credit card debts, medical debts, personal loans or certain bank loans. In most cases you can keep your home, car, and other personal belongings. You may also be able to keep your 401K, IRA and other retirement funds.
- Automatic Stay Provisions: If are being harassed by creditors, the filing of a Chapter 7 or Chapter 13 Petition in Bankruptcy will, in almost every case, immediately STOP the creditors from calling you, harassing you, suing you, garnishing your wages, invading your bank account or even communicating with you. You can also suspend a foreclosure proceeding against your home as well as any pending law suits.
This is for the reorganization of the debts of a municipality.
This is for reorganizations, and is the chapter that businesses and corporations file under. Several airlines, Macy’s, casinos, Enron and many other companies, large and small, have filed under this chapter.
This is for the reorganization of the debts of a family farmer or a family fisherman.
This is for the reorganization of debts of individuals. If you earn too much money to file a Chapter 7 or you have substantial assets, you may not qualify to file a Chapter 7 and completely discharge your debts. The bankruptcy trustee may have you reorganize your debts and pay back a portion of what you owe.
In a Chapter 13 Bankruptcy, which is generally the type of petition filed if your house is in foreclosure, the law allows you an interest-free debt repayment plan that will consolidate your debts over a three or five-year period of time.
Your creditors will not be allowed to continue to bill you or sue you or attempt to collect their debt with you during the Chapter 13 Plan period, if your Chapter 13 Plan is confirmed. At the end of a successful Chapter 13 Plan period, the remaining (unpaid) unsecured debts will be discharged (forgiven). In other words, in many cases, some or most of your unsecured creditors will be legally forgiven after your plan is completed, depending on the amount of equity in your home.
Please contact the law offices of Douglas Anton for a case evaluation.
This is reserved for multinational companies.
Please contact the Law Offices of Douglas C. Anton, Esq. for a case evaluation and to schedule an appointment.
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