What is Bankruptcy?
- Bankruptcy is a form of debt relief provided under title 11 of the U.S. Code.
- There are two forms of consumer bankruptcy including chapter 7 and chapter 13.
- Chapter 7 is a liquidation bankruptcy. There is no payment plan.
- Chapter 13 reorganization is a three to five year full or partial repayment plan.
- Income limitations apply towards qualifying for chapter 7 relief.
- The amount you pay in chapter 13 is determined by your income.
Here are the top three reasons people file bankruptcy:
To Stop Creditor Harassment and Garnishments
By law the creditors must stop calling you once you have retained bankruptcy counsel or have filed bankruptcy. By hiring an experienced attorney you can transfer those unwelcome calls to the attorney’s office. Once you file bankruptcy, your attorney will take steps to prevent any further garnishments against wages and other assets.
To Get a Fresh Start:
Bankruptcy often occurs when an individual’s debts significantly exceed their assets or ability to pay. Staying current to maintain a good credit score may not be worth it for individuals who are ineligible for new credit (e.g. debt to income ratio is already too high). A bankruptcy will wipe all all of their current debts. The debtor may then start rebuilding credit approximately 6 months after filing bankruptcy.
To Stop a Foreclosure:
If your financial situation has improved to the point that you can afford to resume regular monthly mortgage payments, you may consider filing for chapter 13 bankruptcy. This chapter of bankruptcy will allow you to resume regular monthly payments while bring the arrears (missed payments) current over time. – Three to five years. Otherwise, you may file a chapter 7 to get a temporary stay against the foreclosure while you work out other housing arrangements.
For more information about the different types of bankruptcy click here.