Tips
on Bankruptcy
Bankruptcy is
broken down in three categories:
Chapter 7
Known as "straight personal bankruptcy", Chapter
7 is used by consumers to wipe out their unsecured debts.
Businesses also file under Chapter 7 as a means of liquidation.
Chapter 11
Typically a business bankruptcy that
allows companies temporary protection from creditors while
they reorganize. Common in a recession for companies short
of cash and good management.
Chapter 13
A personal financial reorganization
by which consumers pay back their creditors under the supervision
of a court-appointed trustee; payback period typically lasts
three to five years. Most often used by homeowners facing
foreclosure, it is used by people with less than $250,000
in unsecured debts and $750,000 in secured debts.
Bankruptcy terms:
Dischargeable
Debts: Bills wiped clean by
bankruptcy-typically, but not limited to, credit-card debts,
medical bills, and unsecured bank liens of credit.
Non-Dischargeable
Debts:Debts that must be repaid
even after bankruptcy including income taxes, child support,
criminal fines, and student loans.
Automatic Stay:
Court-orders that kick-in once the
bankruptcy petition is filed and automatically halts other
legal actions, such as foreclosures and wage attachments.
Credit Impact:
Agencies such as TRW may list bankruptcies
on personal credit records for up to ten years.
Repeat Filings:
Once debts are discharged, consumer
may not file under Chapter 7 again for six years. If the bankruptcy
petition is dismissed for any reason, it usually may be filed
at any time.
Exemptions:
California law allows bankrupt homeowners
in Chapter 7 to keep up to $75,000 in equity if they are married,
$50,000 if unmarried, and $100,000 if over 65 or disabled.
There is a $2,400 equity exemption for automobiles.
US Trustee:
The arm of the U.S.
Justice Department that administers the bankruptcy system
and acts as a watchdog against fraud and abuse.
Private Trustee:
Court-appointed lawyers, accountants,
and personal finance specialists who supervise bankruptcy
filing.
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