{"id":4910,"date":"2021-12-09T09:00:19","date_gmt":"2021-12-09T14:00:19","guid":{"rendered":"https:\/\/westbrooklawgroup.com\/?p=4910"},"modified":"2022-01-07T20:54:15","modified_gmt":"2022-01-08T01:54:15","slug":"chapter-7-vs-13-bankruptcy-compared","status":"publish","type":"post","link":"https:\/\/westbrooklawgroup.com\/2021\/12\/09\/chapter-7-vs-13-bankruptcy-compared\/","title":{"rendered":"Chapter 7 vs 13 Bankruptcy Compared"},"content":{"rendered":"
Are you thinking of filing for bankruptcy? You’ve read that there are two types: Chapter 7 and Chapter 13. Is one better than the other, and should you go with one or the other? What is the difference between these two types of bankruptcy? Will you qualify for Chapter 7 or 13 bankruptcy? Which documents do you need to file for certain types of bankruptcy<\/a><\/strong>? A reliable <\/span>bankruptcy law firm<\/a><\/strong> in St. Charles can answer these questions and more.\u00a0 At Westbrook Law Group, our competent bankruptcy attorneys can help you make the right choice.<\/span><\/p>\n <\/p>\n Unlike chapter 13, a chapter 7 bankruptcy does not need a repayment plan. Instead, the bankruptcy trustee collects and sells the debtor’s non-exempt assets<\/a>,<\/strong> using the profits to pay creditors as required by the Bankruptcy Code.<\/span><\/p>\n Part of the debtor’s property may be encumbered by liens and mortgages to other creditors. The Bankruptcy Code also enables to retain some “exempt” assets<\/a><\/strong>, but a trustee will liquidate the rest. As a consequence, prospective debtors should be aware that filing under Chapter 7<\/strong><\/a><\/span>\u00a0may result in property loss.<\/span><\/p>\n <\/p>\n In Chapter 13 bankruptcy, debtors reorganize their finances under the supervision and consent of the courts. Personal bankruptcy is available to individuals and married couples who are self-employed or run an unincorporated company.<\/span><\/p>\n Difficulty repaying creditors within three to five years is part of a <\/span>Chapter 13 <\/a><\/strong>restructuring, sometimes called a wage earner’s plan.<\/span><\/p>\n In most cases, the repayment plan must pay creditors a sum comparable to other kinds of bankruptcy, and it may consume all of the debtor’s disposable income if necessary.<\/span><\/p>\n <\/p>\n <\/p>\n If you have non-exempt assets, you may engage in a voluntary “<\/span>buy-back<\/b>” arrangement with your Chapter 7 Trustee to avoid losing them. Buy-back agreements are usually just 12 months long (as opposed to 60 months in a typical Chapter13). It is not because you earn a lot of money, but because you have amassed more property than you are permitted to exempt, and you don’t want to give up your non-exempt assets.<\/span><\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/a><\/p>\n Only specified income levels qualify for Chapter 7 bankruptcy. To qualify for the income standards, a filer’s income must be equal to or below the state’s median income.<\/span><\/p>\n Every state has its laws. A debtor who meets a state’s income standards may petition Chapter 7.<\/span><\/p>\n To determine eligibility for Chapter 7<\/a><\/strong>, the debtor must submit to a “<\/span>means test<\/b>” if their income exceeds the state median.<\/span><\/p>\n <\/p>\n The means test<\/a> <\/strong>discourages filers from repaying creditors. On the means test, debt and income from the last six months are assessed.<\/span><\/p>\n You will fail the means test if you have monthly income left over after paying your creditors.<\/span><\/p>\n Even if you are disqualified for Chapter 7, you may file for Chapter 13. In a Chapter 13 bankruptcy, the debtor repays creditors over five years.<\/span><\/p>\n <\/p>\n You are disqualified for Chapter 7 bankruptcy in the following situations:<\/span><\/p>\n <\/p>\n You will be required to undergo credit counseling. After completing credit counseling through a US Trustee-approved service<\/a><\/strong>, you may petition for bankruptcy in a local bankruptcy court.<\/span><\/p>\n Filing has a cost. Consult the Trustee’s Office for the specific figure. You must submit information on:<\/span><\/p>\n Exempt property is a property that a debtor may retain under Chapter 7. Exempt property varies per state but commonly includes clothes, furniture, and automobiles.<\/span><\/p>\n <\/p>\n Not everyone qualifies. You may be prohibited from Chapter 13 bankruptcy if:<\/span><\/p>\n Chapter 13 debtors must generate enough monthly income to pay off secured commitments like a car or a house. You may be denied this kind of bankruptcy if you don’t earn enough money or your income is unreliable.<\/span><\/p>\n If a debtor’s outstanding obligations are excessive, he or she may be rejected from Chapter 13.<\/span><\/p>\n <\/p>\n Consider meeting with a nonprofit credit counselor and a knowledgeable bankruptcy lawyer<\/a><\/strong> in St. Charles. Consulting them will help you understand your situation and determine if bankruptcy is the best option.<\/span><\/p>\n In Chapter 13 bankruptcy, you and your lawyer must establish your debt restructuring eligibility to a bankruptcy trustee. You’ll seek court approval for a repayment plan<\/a><\/strong> for both unsecured and secured debts. You remit monthly payments from three to five years and keep your assets. Finally, certain debts may be forgiven.<\/span><\/p>\n After deciding to file, follow these steps:<\/span><\/p>\n Takeaway: Using chapters 7 or 13, bankruptcy does have consequences. Consulting a lawyer from Westbrook Law Group is highly recommended for this process.<\/b><\/p>\nChapter 7 Bankruptcy Overview<\/b><\/h2>\n
Chapter 13 Bankruptcy Overview<\/b><\/h2>\n
Chapter 7 Pros & Cons<\/b><\/h2>\n
Pros of Chapter 7<\/strong><\/em><\/h3>\n
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Cons of Chapter 7<\/strong><\/em><\/h3>\n
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Chapter 13 Pros & Cons<\/b><\/h2>\n
Pros of Chapter 13<\/strong><\/em><\/h3>\n
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Cons of Chapter 13<\/strong><\/em><\/h3>\n
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How to Qualify for Chapter 7 Bankruptcy<\/b><\/h2>\n
Chapter 7 Means Test 101<\/b><\/h2>\n
Who Can’t File Chapter 7?<\/b><\/h2>\n
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Chapter 7 Filing<\/b><\/h2>\n
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How to Qualify for Chapter 13 Bankruptcy<\/b><\/h2>\n
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Chapter 13 Filing<\/b><\/h2>\n
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