Filing for bankruptcy is never an easy decision. Whether you need a fresh start under a Chapter 7 Bankruptcy or a smart and effective Repayment Plan under a Chapter 13 Bankruptcy, we have the experience and dedication to help you achieve your goals. We also have nearly a decade of experience handling debt settlement and defending against unlawful foreclosures.
An individual generally files for bankruptcy in order to obtain one or more of the following benefits: (1) have certain debts discharged completely or sort out which debts are dischargeable from those debts which will still be owed; (2) Delay foreclosure on your home and allow extra time to pay debts; (3) receive a break from debt collection harassment while debt relief is arranged; (4) have the assistance of a trustee to pursue lawsuits or other claims that the debtor owns so that the money obtained can be used to pay creditors; or (5) Eliminate certain judgment liens if those liens impair an exemption.
Chapter 7 refers to a "liquidation" bankruptcy and can be used by an individual to obtain a discharge of many debts without making payments in the future. It may also be used by a business that wishes to liquidate its business assets under the protection of the bankruptcy court.
Filing a Chapter 7 allows the court appointed trustee to take over the assets of the debtor’s estate, reduce any nonexempt assets to cash and make distributions to creditors. In most chapter 7 cases, if the debtor is an individual, he or she receives a discharge that releases him or her from personal liability for certain dischargeable debts.
Chapter 11 is often called the "reorganization chapter," and it allows a corporation, partnership, or individual to reorganize property and debts without liquidating all assets. The basic goal is for a debtor to retain control of property and present a “Plan of Reorganization” for repaying creditors. If the creditors accept the Plan of Reorganization, and the court approves the plan, a debtor is able to reorganize personal, financial, or business affairs.
Chapter 13 refers to reorganization of debts by an individual who has a regular source of income. A Chapter 13 debtor proposes a “Chapter 13 Plan” which proposes a repayment schedule to repay creditors over time-usually three to five years. Once all payments required under the plan have been completed then the debtor is entitled to a discharge.