Since the year 2005 there has been new establishment of bankruptcy laws. These different types offer several options in how the bankruptcy will work for them, how debts will be cleared and who can file the type of bankruptcy. As the new laws are more comprehensive, not every type of bankruptcy is suitable for every debtor and it is important to make sure that you find the right type of bankruptcy when filing, so you can benefit the most out of the process.
There are 3 most common types of bankruptcy:
Chapter 7 bankruptcy is the most common process as it can be filed by individuals or businesses. This type of bankruptcy allows the debts to be wipe clean with little or no repayment.
Under this type of bankruptcy one will see that he can have some possessions exempted from selling and everything not exempted is sold to repay debts.
Once the bankruptcy is approved the persons debts filed under the bankruptcy are cleared.
Chapter 11 bankruptcy can be filed by businesses and individuals. However, this chapter is more skewed to businesses, though.
This type of bankruptcy is suitable for those with assets. It is a repayment plan that allows a person or business to repay debts in a way they can afford while also keeping all their assets.
Under this chapter, businesses can still remain operational, which is a very good option for many.
Chapter 13 is another repayment plan for individuals only. It allows a person to keep their assets while repaying their debts and keeping away from common collection methods.
Any type of bankruptcy protect a person or business from the creditors. The creditors cannot proceed with the collection process once this is filed. Creditors cannot file court charges, send letters to debtors nor to do anything that may harass the debtor.
So which is the best solution? The answer is: It depends. Always look at your assets and debts carefully before you decide. In the end, one should concerned with the best way to clear your financial problems while at the same time not losing too much of your possesions. In order to best do this you need to look at what property you own that is exempt and if you have any property that is not exempt.
Bankruptcy should not be seen as an avenue to escape from debt. It is intended to be a way to enable you get back on track. It is wrong to just decide on Chapter 7 because the debtor can keep some of their possessions. New laws have prevented a number of debtors from filing Chapter 7 because they can afford to pay debts.