The Differences between Chapter seven and Chapter 13 Bankruptcy
Chapter seven bankruptcy may be the by far the most everyday sort of bankruptcy and is also known as liquidation or total bankruptcy. This type of bankruptcy requires you to accept deliver all your nonexempt property that you own over to a bankruptcy trustee, who then sells that property to assist pay the money you owe. Although, this may seem harsh, many debtors only own exempt property and end up keeping all their property through a bankruptcy. The reason for this is the bankruptcy property exemptions often protect your most important and basic possessions, much like your house, your clothes, your furniture, your television, your car, and your personal goods.
In exchange for agreeing to permit the bankruptcy trustee to market your nonexempt property, you are eligible a discharge of the money you owe, meaning your financial troubles collectors can't come after you to collect on those debts. Debts which are most commonly discharged in chapter seven bankruptcy are charge card debts, medical bills, other bills, collection judgments from court, wage garnishments related to these debts, plus much more. While most debts are discharged in chapter seven bankruptcy, not all debts are. Debts which are commonly not discharged in chapter seven bankruptcy are student loans, secured loans, most tax debts, government penalties and fines, and child and spousal support obligations.
Chapter seven bankruptcy is typically a quick process, to which most debtors walk away debt free within months. Chapter 7 bankruptcy is usually the most affordable type of bankruptcy, as an individual or joint couple pays only $299 for that court filing fees, and attorney fees are usually under $1,500.00.
Chapter seven bankruptcy is not open to everyone, however, and carries certain drawbacks. In order to qualify for Chapter seven bankruptcy, you must make under a certain amount of money, which varies from one state to another. If you are making too much money and file chapter 7 bankruptcy, your case will most likely be dismissed. Secondly, you are able to only apply for chapter seven bankruptcy every 8 years. There are other reasons you might be disqualified from filing for chapter 7 bankruptcy, only a lawyer let you know for sure. The drawbacks of Chapter 7 bankruptcy include the fact that you may lose a number of your home in order to pay back the money you owe. Additionally, chapter seven bankruptcy can have a significant effect on your credit rating (although many individuals who desire to declare bankruptcy already have a bad credit score).
Chapter 13 bankruptcy is also known as a debt reorganization plan, in which you agree to make regular payments over a three to five year repayment schedule. At the finish of the repayment plan, any remaining debts that you simply owe are discharged like a chapter seven bankruptcy. Chapter 13 bankruptcy allows you to discharge certain extra debts that can't be discharged in chapter 7 bankruptcy, including certain undersecured loans. Chapter 13 bankruptcy requires that you have regular income to make your family payments as well.
Chapter 13 bankruptcy is more expensive than chapter seven bankruptcy, with attorney fees often costing over $3,000 and a $274 filing fee. However, a lot of those attorney fees is often paid with time, instead of all at once. Additionally, chapter 13 bankruptcy can have a less harmful impact on your credit, with respect to the circumstances.
Each kind of bankruptcy is well-suited for certain circumstances and never others, so if you are considering bankruptcy, you need to call a Bankruptcy Attorney in Portland Oregon to examine your finances to see which option, if either, works well with you. You can visit an Oregon bankruptcy attorney for help at http://rogerpriest.com.