There are two types of bankruptcy which are primarily designed for consumer debtors, Chapter 7 and Chapter 13.
Chapter 7 is designed for debtors in financial difficulty who do not have the ability to pay their existing debts. Under a Chapter 7, the trustee liquidates a debtor?s assets to pay creditors. You may be able to retain your property if the property can be exempted.
The purpose of Chapter 7 is to obtain a "discharge" of your existing debts, relieving you of your obligation to repay certain creditors. However, some tax debt, student loans, alimony and support, criminal restitution, and debts for death or personal injury caused by driving while intoxicated are not dischargeable.
Chapter 13 is designed for individuals with regular income who are temporarily unable to pay their debts but would like to pay them in installments over a period of time. Under Chapter 13 you must file a plan with the court to repay all or part of your debts using future earnings. Under Chapter 13 you may keep all you r property both exempt and non-exempt, as long as you continue to make your payments under your plan.
Please contact us for a free no obligation intake questionnaire which will allow us to better advise you as to the Chapter which best addresses your individual situation.
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