Read Lapeer Michigan Bankruptcy Basics – 3 Types of Bankruptcy Cases Transcript
Lapeer Michigan Bankruptcy lawyer Rex Anderson goes over the three main types of bankruptcy cases that are filed.
There are three main types of bankruptcy cases.
These are referred to by their chapter number in the bankruptcy code.
3 Main Types of Bankruptcy:
- Chapter 7
- Chapter 11 (Mainly for businesses)
- Chapter 13
The bankruptcy code is federal, not state law. And bankruptcy cases are filed in the United States bankruptcy court, not in a state court.
The most common Lapeer Michigan bankruptcy cases for individuals are:
- Chapter 7, and
- Chapter 13
Chapter 7: Liquidating Bankruptcy
A chapter 7 is a liquidating bankruptcy. In return for having debts discharged. Meaning the debtor is no longer legally obligated to pay them.
The debtor must turn over certain property to the chapter 7 bankruptcy trustee.
The law allows the debtor to keep some property as exempt, so the debtor can make a fresh start.
In most Chapter 7 cases, ALL property is exempt, and so, the debtor keep ALL of the property. Those cases are sometimes call NO-ASSET CASES.
If a debtor has more assets than can be exempted, the trustee sell the non-exempt property, and distributes the proceeds to the creditors according to priorities established by law.
Very often, there is not enough money to pay for anything more than the cost of administration, and so, the creditors receive nothing.
Advantage of Chapter 7 Bankruptcy
The principle advantage of Chapter 7 is that the debtor emerges from bankruptcy without any future obligations on his or her discharged debts.
Some debts CANNOT be discharged. For example, debts incurred through fraud, or debts for child support and alimony.
Chapter 13: The “Home Saving/Car Saving” Chapter
A Chapter 13 bankruptcy case is often used by individuals who want to catch up past due mortgage or car loan payments, and keep their assets.
In Chapter 13, the debtor must propose to pay all or part of the debts from future income over a period of 3 to 5 years.
If the court approves the plan, the debts may be settled in this manner even if some creditors object to the plan.
If the debtor makes the required payments, he or she, will be able to keep his or her property.
Chapter 13 can be a better choice than Chapter 7 for those who are behind on their home mortgage or their car loans, as well as, for other reasons.
For instance, some of the debts that cannot be discharged in a Chapter 7 can be discharged in Chapter 13.
Also, the debtor can pay some non-dischargeable federal taxes over the term of the Chapter 13 plan without interest.
Chapter 13 can ONLY be used by an individual debtor NOT a corporation. An individual engaged in business, not as a corporation, might use Chapter 13 to pay debts or settle them over a period of time, while he or she continues to own and operate the business.
However, Chapter 13 can be used only if the total debts owed are less than certain limits for secured and un-secured debts.
Chapter 11: Reorganization (Mainly for businesses)
Another type of bankruptcy case is a Chapter 11 Reorganization. It is generally used by businesses, but can be used by individual debtors who do not qualify for Chapter 13 because their debts exceed the Chapter 13 limit.
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