by Chris Safin
If you are an individual in the US you can apply for two different types of bankruptcy. The first is chapter 7 which can totally eliminate all of the individual’s debts. The second is chapter 13; with this option the individual’s debts will be paid off during the following five years.
Businesses cannot file under chapter 7 nor 13, they must instead file under Chapter 11. They will be able to use Chapter 11 to renegotiate their debt and too generally reorganize them so they can get back on the road to financial health.
Following the new bankruptcy laws there are now tests in place to determine whether or not an individual can qualify the chapter 7. You will need to consult with a bankruptcy attorney to find out which bankruptcy you will be able to file under.
The main part of the test for an individual will consist of an income calculation to find out whether or not the individual has a monthly income that is higher than the state average, if he or she does the individual would then have to file under chapter 13 and would not be allowed access to chapter 7.
With a chapter 7 bankruptcy all debts whether secured or unsecured can be eliminated. But sometimes the court will seize some assets to be sold off so that at least some of the individual’s debt can be satisfied.
So out of the two different types of bankruptcy an individual can file under, chapter 7 will reward the most financial relief.
The paying off of debt over time
If a person does not qualify for Chapter 7 bankruptcy, they might consider a Chapter 13 plan, which requires making monthly payment to a court trustee who then sends payments to all creditors listed as part of the repayment plan.
Out of the two individuals types of bankruptcy, chapter 13 and chapter 7, chapter 13 will help the individual to make good all their financial obligations and at the same time hold back creditors from attempting to take collection actions against the debtor in question.
In the past, a lot of people may have started out in Chapter 13 bankruptcy and found they were unable to meet the obligations and so moved into Chapter 7.
However since 2005 when the all-new bankruptcy laws became law, the only way to qualify for chapter 7 bankruptcy is to come up with a below average monthly income result in the courts means test.
If the person has the means, current income level, to pay off their debts, they are restricted to filing for Chapter 13 whether they like it or not.
Whether you file for chapter 7 or 13, any assets or initial payments will first go to creditors with priority access. Priority access will be granted to but not limited to, student loans, part income taxes and generally most other government obligations you may have.
As soon as all of your creditors that have qualified for priority access have had all debt paid, the paying of all your unsecured creditors will then start to take place.
Remember that regardless of the type of bankruptcy you can file under, filing for bankruptcy should always be your last result, since it will stay on your public record for a long time to come!