Filing bankruptcy offers forgiveness for many debts. The bankruptcy options available can wipe out debt or create a reasonable, managable payment plan. Choosing to file for bankruptcy is a very effective means of getting back on your financial feet. However, it’s a very significant step with long-term ramifications. All financial experts agree that bankruptcy should be a last resort.
There are two main bankruptcy options available to the consumer. Chapter 7 is liquidation, and chapter 13 is a repayment plan.
Chapter 7 bankruptcy can be considered when you have no disposable income after paying living expenses. If a chapter 7 discharge is granted, your creditors cannot collect payment from you. Chapter 7 gives you a clean slate once your debts are discharged. Consulting a bankruptcy attorney is important as the bankruptcy trustee can sell your property that is not exempt in order to pay off your debts.
The other option, a chapter 13 bankruptcy, can be more complex. Chapter 13 is considered for those who want to keep their property, or have extra income to pay some or all of their debts. Probably the biggest benefit to filing Chapter 13 bankruptcy is that it can stop a foreclosure on your home. To qualify for a chapter 13 you must have income and make monthly payments to the bankruptcy trustee who will them pay your creditors for you. Only about 30% of ch 13 filers complete their payment plan.
Your bankruptcy petition must be completed accurately and truthfully whether you file ch7 or ch 13. If you try to hide income or assets, your bankruptcy can be dismissed altogether. You could them be in worse shape than before financially. You can find free bankruptcy forms online, bankruptcy forums for advice, and free bankruptcy reviews with a bankruptcy attorney to decide if bankruptcy is right for you.