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Bankruptcy is a federal court process that helps
individuals and businesses repay their debts incurred as a
result of unemployment, large medical expenses, seriously
over-extended credit, marital problems and other large
unexpected expenses.
There are two basic kinds of
bankruptcy
- Liquidation or Chapter 7
Bankruptcy.
Chapter 7 Bankruptcy refers to that chapter of the
bankruptcy law under which an individual or company allows
his assets to be sold off (liquidated) to pay creditors.
It lets you eliminate (discharge) most of your debts in
exchange for giving up property that is not protected by
"exemption" laws in order to give you, the
debtor, a fresh start. A bankruptcy trustee sells your
property and distributes the money to your creditors. Any
remaining unpaid debt is wiped out. If you don't have much
property, you may get to keep what little you have.
- Reorganization or Chapter 13
Bankruptcy.
Chapter 13 bankruptcy allows you to rearrange your
financial affairs, repay a portion of your debts and put
yourself back on your financial feet. The objective is to
give creditors a fair share of the money that you can
afford to pay back. Under a typical plan, you make monthly
payments to someone called a bankruptcy trustee, who is
appointed by the bankruptcy court, for three to five
years. The bankruptcy trustee distributes the money to
your creditors.
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