Understanding The Different Types of Individual Bankruptcy Filings

By Seth Furman

So your credit cards are maxed out, you owe several creditors money, bills are piling up and you aren't sure what to do. Bankruptcy is an option you are considering, but you don't know much about filing for personal bankruptcy. It's important you understand the two types of personal bankruptcy that exist.

For individuals, there are two types of bankruptcy that exist. One is Chapter 7 and the other Chapter 13. In Chapter 7 bankruptcy, your nonexempt property will be sold to pay off your debts. Chapter 13 bankruptcy is a way of working out a repayment plan to pay off your debt. Depending on your situation, one type of bankruptcy filing may be more appropriate than the other.

Chapter 7 bankruptcy is a relatively short process. It can be handled in 6 months or less from the date of the filing in most cases. It provides an opportunity for a new start and is the most common type of personal bankruptcy filed.

Chapter 7 bankruptcy is an option for individuals that can sell their nonexempt property and then use the money they make to pay off debt. After speaking with a MA bankruptcy attorney, you can decide if Chapter 7 bankruptcy is your best option.

If you have an income coming in or if you make to much to qualify for Chapter 7 bankruptcy, than Chapter 13 may be a fit for you. A Chapter 13 filing will enable you to work with your creditors to repay them. Typically you will restructure the debt you owe and repay it within 3-5 years.

If you need more time to pay off your debt and have an income coming in, Chapter 13 may be a fit for you. Speaking with an attorney will be a good way to go over this option and see if it is a fit.

Now that you have a better understanding of the different types of personal bankruptcy filings out there, the next step is to continue your research. Gather questions and concerns you may have and take the time to speak with a MA bankruptcy attorney about your situation. - 31380

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