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Types Of Bankruptcy
Chapters
Bankruptcy
is defined as a legal situation in which a debtor cannot
fulfill their monetary obligations. Debtor bankruptcy is when
the person who owes the money files for it. There are six types
of bankruptcy chapters in the United States for which a person
can file and they are the following:
Chapter 7
Bankruptcy
Chapter 7,
also called Liquidation Bankruptcy, is the easiest and quickest
type of bankruptcy, making it the most common types of
bankruptcies. With
this type of bankruptcy chapter, a debtor would surrender
his/her non-exempt assets to a trustee who will then distribute
the proceeds to the people owed. However, the debtor may be
able to keep certain exempt assets.
Chapter 9
Bankruptcy
Chapter 9
is known as Adjustment of Debts of a
Municipality.
This kind of bankruptcy is for municipalities, which
include cities, towns, counties, school districts, and
such.
Chapter 11
Bankruptcy
Chapter 11
Bankruptcy, also identified as Reorganization Bankruptcy, is
for businesses.
You can be a sole proprietor or a corporation and be eligible
for chapter 11 bankruptcy. This chapter of bankruptcy
allows an individual or company to enter into a repayment plan
agreement with creditors under which all or part of the
business continues to operate.
Chapter 12
Bankruptcy
This type
of debtor bankruptcy code, also named Adjustment of Debts of a
Family Farmer, applies to farmers and fishermen who have
regular income. It
is similar to Chapter 13, where a debtor will propose a plan to
repay the debt over a certain period of time approved by the
court.
Chapter 13
Bankruptcy
Chapter 13
bankruptcy can also be referred as Adjustment of Debts of an
Individual with Regular Income. Chapter 13, along with
Chapter 7, is also a very common type of bankruptcy
filing. Chapter 13
is where the debtor retains all of their possessions but
promises to surrender a portion of their upcoming earnings to
the creditors.
Chapter 13 debtors have a period of three to five years to pay
everything off.
Chapter 15
Bankruptcy
Chapter 15
is entitled as Ancillary and Other Cross Border
Cases. As the name
implies, this form of bankruptcy deals with cases of
cross-border insolvency. This chapter provides a
mechanism which will offer assistance for foreign debtors to
clear their debt problems.
These are
all the types of bankruptcy in the United
States. All
of the bankruptcy cases will be handled in a court of
law. The
process for the bankruptcy can take anywhere from months
to years, depending on how severe the case
is. Going
bankruptcy will affect the person’s credit for
years.
There are
many ways an individual or a company can get out of debt before
having to file for bankruptcy. One great help would be by using
counseling services. If a person or a company encounters a
situation in which they must file, it is recommended that they
contact a lawyer who specializes in Bankruptcy.
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