Law

How Many Distinct Categories Of Individual Bankruptcy Exist?

If you have amassed an excessive debt and cannot make payments, declaring personal bankruptcy may be your only remaining option. When they file for bankruptcy, it’s like they’re starting over from scratch. The process of declaring bankruptcy can be challenging. Still, it might be beneficial for people whose debt is growing at a rate that is faster than they can pay it off, especially if they get help from a bankruptcy attorney.

Forms Of Financial Defeat

Chapters 7, 9, 11, 12, 13, and 15 are the six different ways to file for bankruptcy. Most people are affected by either Chapter 7 or Chapter 13:

  • Section 7

If you have assets not exempt from being sold, a trustee appointed by the court may sell those assets and distribute the money to your creditors.

  • Article 9

Municipalities (cities, townships, school districts, and the like) experiencing financial difficulties can seek protection from their creditors through this method. When this is done, a foundation is laid for future negotiations between the municipality and its unsecured creditors over a possible debt settlement.

  • Section 11

A debtor can restructure his or her business, responsibilities, and assets by filing for bankruptcy under Chapter 11, which is often referred to as “reorganization bankruptcy” in some circles. Companies have successfully reorganized their debts using Chapter 11 while maintaining their business activities.

  • Section 12

It’s meant to help “family farmers” and “family fisherman” who are having trouble making ends meet. The debtor formulates a strategy to repay lenders over the next three to five years.

  • Section 13

Regular wage earners can reorganize their debts and repay creditors under Chapter 13. The term “wage-bankruptcy” earner describes this type of bankruptcy because of its frequency among those who earn a living salary.

Adopting A Section 7 Bankruptcy Proceedings

If you are low-income and have little assets, Chapter 7 bankruptcy may be your best (and most popular) option. By submitting a Chapter 7 bankruptcy petition, you can ask the court to release you from responsibility for some or all of your debts.

Key assets can be exempted from the seizure as well. Your non-exempt assets will be liquidated and used to satisfy some of your financial obligations. Remember that property exemptions are subject to change from state to state.

Even while a Chapter 7 bankruptcy will be on your credit report for ten years, your score may gradually improve as you pay off debt and get your finances back in order as you progress toward restoring your financial health. Some people don’t qualify for Chapter 7 bankruptcy because of their high income, while others can’t afford the fees and expenses involved.

Bankruptcy Under Chapter 13

Chapter 13 bankruptcies account for roughly 36% of all individual bankruptcies. Chapter 13 bankruptcy allows you to repay a portion of your debts while the court discharges the rest. You still have options if your salary is too high to qualify you for Chapter 7 bankruptcy.

To file for Chapter 13 bankruptcy, your total unsecured debt must be below a certain limit. By 2020, an individual might have unsecured debts of no more than $394,725 and secured debts of no more than $1,184,100. See a credit counselor or legal advisor for the most recent details on the actual cutoff amount.

A Chapter 13 bankruptcy requires a repayment plan for creditors that can last anywhere from three to five years. Any remaining balances will be erased once the program is finished.

Yet, the vast majority of would-be planners never get anything done. Debtors in this position often consider filing for Chapter 7 bankruptcy. If they fail, creditors might try again to get what they are owed.

Insolvency Proceedings Under Chapter 11

Reorganization bankruptcy, or Chapter 11, allows companies to continue operations while reorganizing their debts and assets to better meet their financial obligations to creditors.

Hertz Rental Cars, JCPenney, Stein Mart, and the XFL filed for Chapter 11 bankruptcy in 2020; hence, huge corporations largely employ this. This template is suitable for businesses of all sizes, from sole proprietorships to multinational conglomerates. While bankruptcy procedures are ongoing, most commercial decisions are made only with the courts’ approval.

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