The global financial crisis was a downturn of such unprecedented scale that many Americans were caught completely unawares and far from prepared. Without easy credit available many Americans found that their liabilities and expenses far outweighed their ability to pay for them. The number of bankruptcies filed increased dramatically due to the tightening of credit markets.
Most people think of the classic Chapter 7 bankruptcy when they consider filing for bankruptcy. Although some personal property is exempt, generally all the petitioners assets are liquidated under a Chapter 7 bankruptcy. Medical debts, credit cards, and unsecured debts are discharged; debts that are not discharged will be reaffirmed and rescheduled for payment. There is also a means test to make sure that the petitioner is being abusive by filing a bankruptcy claim. The test is required by the United States Trustee over Chapter 7 bankruptcies and may actually deny bankruptcy relief to people who are actually making enough money.
The alternative to Chapter 7 bankruptcy is a Chapter 13, which is known as a reorganization bankruptcy. It is called reorganization because it restructures the petitioners finances to arrange for eventual payment. It is a good option for people who have assets that would be liquidated under a Chapter 7 and want to keep them; it is also for people who have sufficient income to repay their debts with restructuring. Special protection is given to third parties such as a spouse or co-signer under Chapter 13 bankruptcies. Reorganization under a Chapter 13 plan take three to five years to be complete, whereas Chapter 7 discharges debts within just a few months.
To be eligible for Chapter 13 filing, the debtor has to demonstrate that he will have a steady and reliable income over the period of the Chapter 13 plan. Further, once showing that this income will be available, required living expenses are subtracted from the predicted income. If there is enough money remaining to make significant headway in paying down the debt the filing will be allowed. Another restriction refuses Chapter 13 relief to people with more than $336,900 in unsecured debt and/or $1,010,650 in secured debt.
It is interesting to note that stockbrokers and commodity brokers are not allowed to file a Chapter 13 bankruptcy, even for their personal finances. Chapter 13 bankruptcy is available to most people that can qualify with these very basic restrictions.
Because the filing process for a Chapter 13 is so complicated, the filer needs the help of a professional to make sure paperwork is correct and complete. Because it is a bankruptcy a fee will generally be required up front before the professional accepts the job and it is important to begin the filing process before the situation is too dire. A Chapter 13 bankruptcy can be a good solution for professionals and others with a solid income; self-discipline is absolutely necessary to make the reorganization work the way it should.
Most people think of the classic Chapter 7 bankruptcy when they consider filing for bankruptcy. Although some personal property is exempt, generally all the petitioners assets are liquidated under a Chapter 7 bankruptcy. Medical debts, credit cards, and unsecured debts are discharged; debts that are not discharged will be reaffirmed and rescheduled for payment. There is also a means test to make sure that the petitioner is being abusive by filing a bankruptcy claim. The test is required by the United States Trustee over Chapter 7 bankruptcies and may actually deny bankruptcy relief to people who are actually making enough money.
The alternative to Chapter 7 bankruptcy is a Chapter 13, which is known as a reorganization bankruptcy. It is called reorganization because it restructures the petitioners finances to arrange for eventual payment. It is a good option for people who have assets that would be liquidated under a Chapter 7 and want to keep them; it is also for people who have sufficient income to repay their debts with restructuring. Special protection is given to third parties such as a spouse or co-signer under Chapter 13 bankruptcies. Reorganization under a Chapter 13 plan take three to five years to be complete, whereas Chapter 7 discharges debts within just a few months.
To be eligible for Chapter 13 filing, the debtor has to demonstrate that he will have a steady and reliable income over the period of the Chapter 13 plan. Further, once showing that this income will be available, required living expenses are subtracted from the predicted income. If there is enough money remaining to make significant headway in paying down the debt the filing will be allowed. Another restriction refuses Chapter 13 relief to people with more than $336,900 in unsecured debt and/or $1,010,650 in secured debt.
It is interesting to note that stockbrokers and commodity brokers are not allowed to file a Chapter 13 bankruptcy, even for their personal finances. Chapter 13 bankruptcy is available to most people that can qualify with these very basic restrictions.
Because the filing process for a Chapter 13 is so complicated, the filer needs the help of a professional to make sure paperwork is correct and complete. Because it is a bankruptcy a fee will generally be required up front before the professional accepts the job and it is important to begin the filing process before the situation is too dire. A Chapter 13 bankruptcy can be a good solution for professionals and others with a solid income; self-discipline is absolutely necessary to make the reorganization work the way it should.
About the Author:
Wendy Polisi is the founder of Credit Repair College and Finance the Dream. Credit Repair College empowers people to take control of their financial future by learning everything they need to know to repair credit on their own. For more information on free credit repair please visit them on the web. Finance the Dream offers rent to own houses throughout the United States.
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