Chapter 7 Bankruptcy

This type of bankruptcy is not available to everyone. There are financial and asset restrictions that must be considered prior to filing. When you file for Chapter 7 bankruptcy, it essentially freezes the creditors ability to collect from you. The moment the bankruptcy petition is filed a creditor may not contact you, your property may not be repossessed, and your home may not be foreclosed on. This is called an “automatic stay.” After the court receives your petition, a Trustee is assigned to your case. Their main purpose in a Chapter 7 is to liquidate the assets that are not protected by exemptions, and pay back some of the debt. You and your attorney (preferably one from Hill & Rainey) will attend a 341 hearing. This is an informal meeting where the assigned Trustee will ask you a series of questions. At the conclusion of a Chapter 7, your debt is discharged and you get a fresh start financially. This type of bankruptcy works best for individuals who do not own property or substantial assets.

Chapter 13 Bankruptcy

This type of bankruptcy reorganizes your debt and creates a repayment plan. This plan is based on the individuals’ income and does not require liquidation of assets. Throughout the duration of the repayment plan, the debtor will repay some or all of the debt. The repayment plans range from (3) three to (5) years. At the end of the plan, all remaining debt is discharged.

Filing for bankruptcy is a major decision and requires careful planning. The attorneys at Hill & Rainey will walk you through the entire process. Your success is our success. If you are considering filing for bankruptcy or would like to learn more about how bankruptcy works, give us a call for a consultation!