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CC Brown Law – Know about the facts of Bankruptcy chapter-7

CC Brown Law: Chapter 7 bankruptcy, also called as "liquidation bankruptcy", this procedure will wipe out your debt but you may end up losing some of your property because the bankruptcy court will liquidate i.e. sell your taxable property to pay off your creditors as much as possible. Usually the Chapter 7 bankruptcy legal procedures will end within the short span of time, the entire process winding up in about four to six months. When filing for a Chapter 7 bankruptcy, this process actually requires you to visit the courthouse only once, at the time of the creditors meeting.

Most people filing for bankruptcy will prefer Chapter 7 and the reasons are not hard to seek. Chapter 7 process is fast and effectual, it wipes out your debt and its relatively easy to file. A typical Chapter 7 case may start and end within four to six months. Even after bankruptcy, you will be able to keep most of your necessities and if you had little to begin with, in all likelihood, you will be able to keep most of the items, unless you have pledged an item as collateral when you bought it.

We can't say that, everyone is eligible for filing Chapter 7 bankruptcy,If the court decided that your income id regular and ample to fund Chapter 13 repayment plan, you wont be eligible to file for Chapter 7. So the main reason why most people go with Chapter 7 is that involves no repayment of any portion of your debt. Apart from that, in Chapter 13, there is an entire three to five year repayment plan so as to discharge your debts. Its another matter that most of the people filing for Chapter 13 fail to complete their plan. In such case, court may let you off the hook early on the basis of hardship. However, Chapter 13 offers some major advantages, too. We will discuss those advantages shortly. But before that, let's see in which cases, Chapter 7 is not the right choice. There are some situations where Chapter 7 may not be the right choice, and they are,

Are you judgment proof Most unbolted creditors must obtain a court judgment before they can start such unpleasant collection procedures like wage garnishment or seizure of personal property. If your debts are mainly based on these kinds of unsecured types, your income is too small and all your property is exempt, there is nothing creditors can take away from you even if they went to the extent of getting a judgment. Thus, if you are judgment proof, why do you need to file for bankruptcy

There are some non-dis chargeable debts wont go away even after Chapter 7 bankruptcy, These may include alimony obligations, back child support, student loans, recent income and other federal tax obligations, etc. now, if you find that bulk of your debt is non-dis chargeable and will survive Chapter 7, there is no use in filing for Chapter 7. When filing for Chapter 7, keep in mind that while certain kinds of property is exempt, others are almost never exempt. So if you have some nonexempt property which you cannot afford to lose, there is no sense in filing for Chapter 7.

Instances where Chapter 13 is a better option then chapter-7:
Without going through the entire procedure, you may feel that Chapter 13 involves repayment and is not as smart a choice as Chapter 7, there are situations where Chapter 13 is a better option, and they are,

• If you are not qualified to file for Chapter 7 but you feel that you cannot pay your creditors without the help and protection of bankruptcy court, file for Chapter 13.
• If you have missed some payments of your mortgage or car loan, and need time to make up missed payments, Chapter 13 makes it possible, not Chapter 7.
• If most of your debt obligations consist of debt that cannot be fired by Chapter 7, such as student loan and tax obligations, its more logical to file for Chapter 13.
• If you have nonexempt property that you urgently want to keep, file for Chapter 13 and not Chapter 7.

Both the Chapter 7 and Chapter 13 Bankruptcy have their own pros and cons and depending upon the nuances of a particular situation, one may serve the purpose better than the other. You should examine which one of these will serve you better, provided you are eligible for both of them.

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