Skip to main content

Why Is Chapter 7 Bankruptcy More Popular? Learn Your Choices!


When given the choice, debtors mostly prefer filing for Chapter 7 bankruptcy as it discharges most of the debts. A debtor, however, has to qualify Means Test, i.e. he or she must meet an income limitation. An eligible debtor may have most of his debts discharged through nonexempt property liquidation. While you are struggling with unmanageable unsecured debts, losing some of the nonexempt assets to clear off all the dues is actually ‘no loss,’ believed by Recovery Law Group – a trusted consumer protection law firm in Los Angeles. The most common types of bankruptcies filed are Chapter 7 and Chapter 13 bankruptcies. However filing Chapter 7 over Chapter 13 is considered a wiser choice, because:
·         The debtor can start over fresh. The objective of Chapter 7 bankruptcy is to allow the debtor a fresh start. Elimination of some debts sets the defaulter free from personal liability for the cleared debt. There are still certain types of debts that cannot be discharged and these include student loan, alimony and child support, debts incurred through embezzlement and certain taxes. Besides, there are certain property liens, such as mechanic’s lien, mortgage and tax liens, that can never be discharged even after the completion of Chapter 7 bankruptcy case.
·         The debtor gets to keep all his future income. Typically, properties acquired by a debtor after he files Chapter 7 bankruptcy do remain within his possession only, however terms and conditions applied. If the debtor acquires the property within 180 days after filing Chapter 7 bankruptcy, the property falls under bankruptcy estate lawfully. However, this condition applies only if the property is inherited, or is the result of divorce decree, settlement agreement, a life insurance policy proceeds or if it is a death benefit.
·         There are no limitations on the debt amount. Quite unlike the Chapter 13bankruptcy, rules of Chapter 7 bankruptcy do not inflict a limit on the amount of debt the filer may receive. In chapter 13 bankruptcy, debtors are not eligible if debt exceeds the debt limit, irrespective of unsecured or secured debts.
·         There is no repayment plan. In chapter 7 bankruptcy, debtors need not repay any debts using a court-approved repayment plan, but in chapter 13 bankruptcy, they do. In chapter 7 bankruptcy, the debtor is set free from repaying most debts after their discharge in the process, except for certain types of debts.
·         Chapter 7 bankruptcy works faster than chapter 13. Debts are typically discharged within three months. The court issues discharge order within 60 to 90 days after the debtor files bankruptcy.  Once the trustee distributes the nonexempt properties of the debtor to unsecured creditors, the case is closed by the bankruptcy court.
Hence, if you have been wondering whether to file chapter 7 or chapter 13 bankruptcy, despite the Chapter 7 bankruptcy’s more popularity and compatibility, you should always consult an experienced attorney before heading to any decision. Recovery Law Group can be your ideal assistance throughout.

Labels

Labels:

Comments

Post a Comment

Popular posts from this blog

Chapter 7 bankruptcy Las Vegas to eliminate your debts and give you a fresh restart for financial stability

Chapter 7 bankruptcy focuses on liquidating your non-exempt assets, and your many types of unsecured debts are eliminated. You may be suggested to file for Chapter 7 bankruptcy by your lawyer based on certain signs, like your unsecured debts are more than half of your annual income, or it would take you five years or more to pay your debts even if you took extreme measures. Bankruptcy will set you financially free as debts get discharged, and you also get peace of mind. When the stress and anguish go away, you will be in a condition to make better decisions, and handle your financial life in a better way.         When the process is complete, a vast majority of debts will be eliminated, and you will have a cleaner slate to start afresh. To qualify for Chapter 7 bankruptcy Las Vegas in Nevada, you will have to pass a Means Test, that aims to prevent low earners from getting the benefits of Chapter 7 bankruptcy protection. To qualify for the test, your averag...
Post a Comment
Read more

All that you need to about bankruptcy and expectations in bankruptcy consultation

You may feel the need to file for bankruptcy for many reasons, like your debts have become overwhelming and unmanageable, or you experienced job loss or reduction in income, that may make it hard to keep up with your payments and other regular financial commitments. Though filing of bankruptcy could be a difficult decision, especially when it has a stigma attached to it, nevertheless, it’s a legal option that gives you a chance to put your business together and have a financial restart. However, not everyone is aware of which type of bankruptcy they qualify for, and how to proceed with it. It’s here that the expertise of specialist bankruptcy lawyers, such as Recovery Law Group, can make all the difference to your financial future. When you consult for bankruptcy, you will come to know that all individual bankruptcy cases are handled by federal courts in the USA. Most individual bankruptcies are filed either under Chapter 7, or Chapter 13 of the US Bankruptcy Code.   You may ...
Post a Comment
Read more

Understanding the role of Chapter 13 bankruptcy trustee and their critical functions

  Chapter 13 bankruptcy, also known as “Wage Earner’s Plan”, is offered to individuals who need some extra time to pay off their outstanding debt. To qualify for Chapter 13, the debtor must have a steady income from various sources, and should not have more than $2,750,000 in unsecured debts, and $2,750,000 in secured debts. The debtor is given 3 to 5 years of time to repay their outstanding debt, and must demonstrate the ability to make the scheduled payment based on their income. The proposed plan must be feasible, and for this, the bankruptcy court will appoint a trustee to work out the plan, and how to repay the creditors.        The trustee has an important role to play in Chapter 13 bankruptcy. He will ensure that the proposed repayment plan complies with legal requirements, and is feasible based on the debtor’s income and expenses. The role of Chapter 13 bankruptcy trustee is quite comprehensive, he has to collect monthly payments from the debtor, an...
Post a Comment
Read more