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Types Of Bankruptcy
There are two different types of bankruptcy that can be used in most cases. Each one has a different set of rules and guidelines that you must follow in order to qualify for and get the bankruptcy. If you are considering bankruptcy, it is important to understand the differences in these types of bankruptcy and to choose the one that best fits your needs and the one that you qualify for.
Chapter 7 Bankruptcy
This is the type of bankruptcy that is most often used by individual debtors. It allows for an individual or married couple to wipe out their debt by taking property and liquidating it. The money from the property is then used to pay off the debt that the individual has incurred. In some states, certain property can be retained. Only property that is exempt under the bankruptcy laws is eligible. In most cases, it will be cars and homes that are in good standing with their creditors. In some states, you will lose your home. This is the fastest way to get out of debt but one that is going to wipe you clean of assets.
Chapter 13 Bankruptcy
In this type of bankruptcy, the debtor and creditor work out a plan that allows the debtor to pay off their debt in a payment plan. Most of the time, this process will happen through the paycheck of the individual. As long as the payment plan is in effect, the creditor will not take your home or possessions and you will not lose them. It is a good thing for those creditors that would have lost more if a Chapter 7 were filled and a good thing for the debtor because they can work on improving their overall credit.
Determining which type of bankruptcy is the right choice for you is difficult. If you can afford to pay off the debt through a Chapter 13, it is likely to do the least amount of damage to your credit. A Chapter 7 will remain on your credit report for up to ten years. Nonetheless, it is wise to talk to your attorney about which type of bankruptcy is the right choice for your needs.