Ashley has a JD degree and is an attorney. She has extensive experience as a prosecutor and legal writer, and she has taught and written various law courses.
There are several different types of bankruptcy, but only two are designed for individuals. This lesson explains these two types: Chapter 7 and Chapter 13 bankruptcy.
What happens if you simply cannot pay your debts? Many people consider filing for bankruptcy, but what exactly does that mean?
Bankruptcy is a legal term. A bankruptcy ruling means a court makes a legal determination that a debtor cannot currently repay the debts he or she owes. A bankruptcy ruling allows the debtor the legal right to reorganize his or her debts. It can also sometimes allow him to discharge, or dismiss debts. Of course, this is helpful to the debtor, but it is also designed to benefit creditors, the institution that is owed money by a debtor. Bankruptcy helps creditors because it enables them to collect some of what they are owed.
Let's take a closer look at the laws governing bankruptcy. There are different types of bankruptcy, designed for different types of debtors. However, all bankruptcies are governed by Title 11 of the United States Code. Title 11 is a collection of federal laws known as the Bankruptcy Code. Because they are federal laws, the bankruptcy process works generally the same in all states.
The types of bankruptcy are commonly referred to by their Bankruptcy Code chapter number. The two types used for personal bankruptcy are: Chapter 7 and Chapter 13.
Chapter 7 Bankruptcy
Chapter 7 bankruptcy is the most common type. To qualify for this, a debtor must first prove that his income is insufficient to pay off debts. Next, a bankruptcy court will appoint a trustee for the debtor's estate. The trustee is responsible for liquidating the estate. A liquidation means the debtor's assets are sold, and the proceeds are distributed to his creditors. Exempt assets aren't sold in the bankruptcy process; the debtor gets to keep them. Exemptions can vary from state to state, but normally include life necessities such as household appliances, some clothing, and one car. Everything else is considered to be a non-exempt asset and will likely be sold in order to cover the debtor's debts. This includes stocks, antiques, vacation property, recreational vehicles, and second cars.
After liquidation, creditors are paid in a particular order, known as priority. The order is set out in the Bankruptcy Code. Due to priority, some creditors might be paid in full while some might not be paid at all. For example, the law requires tax bills to be paid before credit card bills.
The Chapter 7 process takes about four to six months, from the time the debtor files bankruptcy to the time his debts are forgiven. However, not all debts will be dismissed. A debtor must still pay obligations like child support and student loans, even after bankruptcy. A Chapter 7 bankruptcy will be noted on the debtor's credit report for 10 years. During this time, it can be difficult for the debtor to open new accounts or secure a new job.
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Not all debtors qualify for Chapter 7 bankruptcy. If a debtor earns more than the median income in his state, he may be required to use Chapter 13 bankruptcy instead. Chapter 13 serves as a structured repayment plan, usually in the form of a more manageable monthly payment. Chapter 13 is meant to aid debtors who have a regular source of income, but not enough income to pay all of their debts as they come due. This type of bankruptcy allows debtors to keep their assets and avoid foreclosure and repossession. The debtor's payments are restructured so that the debtor can manage the payments.
A debtor must meet strict requirements in order to use Chapter 13. He must present a plan for repaying most debt and show that he has sufficient income to adhere to the plan. He must also show that he does not have too much debt. These numbers are adjusted every few years to account for inflation, but as of 2015 a debtor must show he has:
Unsecured debt, like credit cards and medical bills, in an amount less than $383,175
Secured debt, like houses and cars, in an amount less than $1,149,525
If a debtor cannot meet all of these requirements, he must use Chapter 7.
Once the bankruptcy court approves the Chapter 13 repayment plan, the debtor will make regular payments to the trustee. The trustee then makes payments to the creditors. Under the plan, the debtor must fully repay all secured creditors and all priority debts, like tax bills and child support. However, he won't usually be required to fully pay all unsecured debts.
Chapter 13 repayment plans normally require payments to be made for three to five years. After completing the repayment plan, the court will discharge all remaining, qualifying bankruptcy debts. However, the Chapter 13 bankruptcy will appear on the debtor's credit report for seven years.
All bankruptcy is governed by the Bankruptcy Code, which is found in Title 11 of the United States Code. These are federal laws. Personal bankruptcy allows debtors to dismiss or restructure debts they can't pay, while allowing creditors to collect at least a portion of what they're owed.
There are two types of personal bankruptcy:
Chapter 7 is a liquidation proceeding, meaning the debtor's non-exempt assets are sold in order to pay his or her debts. It's the most common type of bankruptcy.
Chapter 13 is a repayment plan that allows debtors to keep their assets. It's used for people with a regular source of income and who make too much to qualify for Chapter 7.
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