What are the different types of bankruptcy that apply to individuals? There are two, Chapter 7 and Chapter 13. You may have heard of Chapter 11 but that is for businesses not individuals.
In October 2005 Congress changed the bankruptcy laws making it much more difficult to simply walk away from personal debt. The new law essentially says pay back the debt through a court approved payment plan and you can keep your house and some other property (Chapter 13); or sell everything you own, including your property, to pay what you can to discharge your debts (Chapter 7).
Chapter 7 is sometimes refered to as a straight bankruptcy. Basically Chapter 7 requires the liquidation of all but a few work related assets like a vehicle used in work or tools etc. All other property will be sold or given to debtors as payment. The chapter also places a limitation on the amount you can earn during this process. The intent of the law is to insure the debtor does not profit by not paying his debts.
Once you have filed for Chapter 7, you will not be able to file again for eight years. Chapter 13 on the other hand, has a waiting period of only two years between filings.
While there are some similarities in the types of debt that can be discharged through either Chapter 7 or 13, there will be some differences as well depending on the state where you file. Most unsecred debt, garnishments, foreclosure notices and collection calls can be discharged through bankruptcy. However, child support, alimony, fines, certain taxes and student loans cannot.
Chapter 7 is a straight liquidation. Chapter 13 is a pay back plan. However, unless your plan satisfies all of your debt over the term of the bankruptcy, the Court usually will not allow the debtor to keep property like a boat, time share, recreational vehicles and the like. These items must be sold to meet the requirement to pay all the debt within the scheduled time.
In the past, bankruptcies clogged the courts as they were easy to get. Today the law tries to slow that processdown by requiring all persons desiring to file bankruptcy, to attend a government appoved counseling course regarding personal finance and credit. This requirement was added in the hopes that the debt problemcould be resolved outside the court. In addition, persons wanting to file Chapter 7 now have to have the approval of the Court regarding their income. If the Court feels that an individual’s income is too high, they will not let them walk away from the debt through liquidation.
Bankruptcy is an emotional time but a necessary step for those who absolutely need the relief.