What Is Bankruptcy?
Bankruptcy is a legal process that allows individuals or businesses to seek relief from their debts. If you’re facing overwhelming debt, hiring a bankruptcy attorney can be a crucial step in regaining your financial footing. This guide aims to provide you with all the information you need to make an informed decision about bankruptcy and legal representation.
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Types of Bankruptcy: Chapter 7, Chapter 13, and Chapter 11
Navigating the maze of bankruptcy law can be daunting, especially when you’re already stressed about your financial situation. But don’t worry, you’re not alone our bankruptcy lawyers can guide you through the complexities.
Let’s break down the types of bankruptcy you might consider filing for: Chapter 7, Chapter 13, and Chapter 11.
Chapter 7: Liquidation Bankruptcy
What is Chapter 7 Bankruptcy?
Chapter 7 is often referred to as “liquidation bankruptcy.” It’s the quickest form of bankruptcy and is typically completed within 3-6 months. In this process, a bankruptcy trustee sells off your non-exempt assets to pay back your creditors.
Pros and Cons of Chapter 7
- Pros:
- Quick Process: Usually completed within months.
- Debt Discharge: Most unsecured debts, like credit card bills and medical expenses, can be wiped out.
- Cons:
- Asset Loss: You may have to give up some of your assets.
- Qualification: Not everyone qualifies; you’ll need to pass a “means test.”
When to Consider Chapter 7
If you have a lot of unsecured debts like credit card bills and you don’t have significant assets, Chapter 7 might be the right option for you. However, consult with our team of bankruptcy attorneys to see if you qualify.
Chapter 13: Reorganization Bankruptcy
What is Chapter 13 Bankruptcy?
Chapter 13 is known as “reorganization bankruptcy.” Unlike Chapter 7, you won’t have to sell off your assets. Instead, you’ll create a repayment plan to pay back a portion of your debts over 3-5 years.
Pros and Cons of Chapter 13
- Pros:
- Keep Assets: You can keep your home, car, and other valuable assets.
- Flexible Repayment: The repayment plan is based on your income and expenses.
- Cons:
- Long Process: Takes 3-5 years to complete.
- Commitment: You must stick to the repayment plan.
When to Consider Chapter 13
If you have a steady income and want to keep your assets, Chapter 13 could be a good fit. It’s also suitable for those who don’t qualify for Chapter 7.
Chapter 11: Business Bankruptcy
What is Chapter 11 Bankruptcy?
Primarily designed for businesses, Chapter 11 allows a company to continue its operations while restructuring its debts. This is the most complex and expensive form of bankruptcy.
Pros and Cons of Chapter 11
- Pros:
- Business Continuity: The business can continue to operate.
- Debt Restructuring: Debts can be reorganized to make them more manageable.
- Cons:
- Complexity: The process is complicated and can take years.
- Cost: Legal and administrative costs can be high.
When to Consider Chapter 11
If you own a business that’s struggling but has the potential for recovery, Chapter 11 might be the best option. However, due to its complexity, professional legal advice from a bankruptcy law firm specializing in business bankruptcy is strongly recommended.
Cost of Filing Bankruptcy
- Filing Fees: The bankruptcy court cost to file Chapter 7 can range from $300 to $1000.
- Attorney Fees: The cost for an bankruptcy lawyer can vary widely, but free consultations are often available.
- Additional Costs: These can include court fees, trustee fees, and other administrative costs.
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