Introduction
Bankruptcy is a last-resort option for people who are overwhelmed by debt. Although people file for bankruptcy under two different chapters, their debts are governed by the same laws.
. Each type has different eligibility requirements, benefits, and drawbacks. To determine which type of bankruptcy is best for you, first, figure out if you qualify. If so, be sure to explore all your options before filing a bankruptcy petition to make an educated decision about how to proceed with your situation.
Chapter 7 bankruptcy
- Chapter 7 bankruptcy allows you to keep assets and property.
- Chapter 7 bankruptcy is a liquidation of assets to pay off debt.
- If you have no equity in your home or car, Chapter 7 may be an option for you.
Chapter 13 bankruptcy
Chapter 13 bankruptcy is a reorganization of debt. It’s different from Chapter 7 because the filer must pay back some or all of their debts over an extended period of time.
Chapter 13 allows you to keep your property and discharge only certain types of debt, such as personal loans and credit cards. If you have a regular income and aren’t able to pay off all your debts in full, this may be a good option for you. However, if any assets could be liquidated (sold) for cash (such as jewelry), they will have to stay with you until the end of the payment plan set forth by the court during filing–which could be up to 5 years!
Bankruptcy alternatives
While bankruptcy is not a cure-all, it is an option that can help you deal with debt. However, other options may be better suited to your circumstances and needs. If you feel that bankruptcy is not right for you and/or your family, then consider these alternatives:
- Debt management plans – Debt management plans (DMPs) are designed to help people who have trouble making payments on their debts get back on track with their finances by creating a plan that includes reduced monthly payments and lower interest rates. DMPs can also include other measures like debt counseling or budgeting advice from trained professionals who will work with creditors on your behalf so they know exactly how much money they can expect from each creditor each month.
- Credit counseling – Credit counselors offer free services such as financial education classes or workshops where people learn about personal finance issues such as budgeting, saving money, and taxes; however, these services do not require any fees from clients, so most consumers find them easier than other types of help available online or elsewhere in person
Debt consolidation
Debt consolidation is a process where you consolidate your debts into one loan. This can help you to lower the amount that you are paying each month in interest, but it also means that you will be making just one payment instead of several.
It’s important to understand how debt consolidation affects your credit score and history before deciding if this is an option for you:
- Your credit score will not change as a result of this action as long as all payments are made on time. However, if any late payments occur during the term of your consolidation loan, then it could negatively impact both parts of your credit report (history).
Debt settlement
If you’re drowning in debt and having a hard time paying it off, debt settlement might be a good option for you. Debt settlement is when you negotiate with your creditors to pay back less than what they are owed. For example, if your credit card balance is $10,000 and the interest rate on that card is 15%, then after one year of making minimum payments on the card (assuming no additional charges or fees), it will cost around $1550 just in interest alone! That doesn’t include the principal or any other fees associated with using the card (like late fees).
If this sounds like something that could benefit from debt relief, consider contacting a reputable company that specializes in helping people through these processes: https://www.bankruptcy-lawyers-usa.com/debt_settlement_consultation_form/.
Credit counseling
Credit counseling is a free service that can help you manage your debt and get out of it. Credit counselors provide support, information, and advice on how to pay off your debts. They also recommend ways to avoid getting into debt in the future.
One advantage of credit counseling is that it can help you understand how to get out of debt by creating an action plan with specific steps for paying off your bills.
Credit counselors also offer budgeting advice so that you can live within your means while paying down what you owe.
Bankruptcy impact on credit score
You can expect your credit score to be negatively impacted by bankruptcy for at least seven years. This is because bankruptcy is viewed as a negative financial event by creditors, who use it as an indicator of your ability to repay debts and make payments on time. The good news is that after about seven years have passed, your credit report will reflect that you’ve paid off all of your debts and rebuilt yourself financially–and this will help boost your score over time.
While most people think they’ll never be able to get another loan again after filing for personal bankruptcy protection, there are many options available once they’ve worked through the process. Secured loans (where collateral like property or stocks serves as security) generally do not impact one’s ability to obtain new credit lines; however unsecured loans like mortgages may require additional scrutiny before being approved by lenders who take into account everything from income level down payment availability based upon how much money each person has left after paying off all outstanding debts through Chapter 13 repayment plans outlined in court documents filed under oath before being granted permission by judges presiding over sessions held regularly throughout every state where attorneys representing both sides meet face-to-face inside chambers where decisions made regarding whether those accused deserve relief from debtors prison sentences handed down earlier during proceedings presided over by judges presiding over trials lasting several weeks sometimes longer depending upon whether plaintiff wins case against defendant who lost due lack evidence provided proving innocence despite having been acquitted previously convicted wrongfully since law does provide protections against double jeopardy which means someone cannot legally be tried more than once for same crime committed but if found innocent first time around then convicted second time around then acquitted third fourth fifth sixth seventh eighth ninth tenth eleven twelfth thirteenth fourteenth fifteenth sixteenth seventeenth eighteenth nineteenth twentieth twenty-first thirty-second forty-third fifty sixty seventy eighty nineties hundred thousand million billion trillion quadrillion quintillion sextillion septillion octillion nonillion decillion undecillion duodecillion tredec
Bankruptcy impact on employment
If you are employed by someone else, bankruptcy can hurt your employment. The reason for this is that your employer will want to know why you filed for bankruptcy and how they can prevent it from happening again. They may also be concerned about how the filing will affect their business’s reputation in the community, which could lead them to terminate your employment if they feel it necessary.
On the other side of things, if you’re self-employed or own a small business (or even work as an independent contractor), filing for bankruptcy might help your company grow! The filing allows businesses with little or no assets an opportunity to start fresh without having any debt hanging over their heads–and some companies thrive on being underfunded because they can easily move forward with new ideas without worrying about whether or not there’ll be enough money available at any given period during development stages.”
Bankruptcy impact on property ownership
- Bankruptcy will not affect your property ownership
- Bankruptcy can hinder your ability to get a mortgage.
- Bankruptcy will not affect your property taxes.
- Bankruptcy may impact the ability to sell your property, depending on what it is worth and how long you have owned it, among other factors.
Choosing the right bankruptcy option
Bankruptcy is a last resort. If you’re considering bankruptcy, you must understand the pros and cons of each option before making a decision. Bankruptcy isn’t right for everyone–and even if it is right for you, there may be other options that are better suited to your situation.
If you’re considering filing for bankruptcy protection, talk with an experienced attorney who can help assess all of your options so that they best fit your needs.
Eligibility requirements for bankruptcy
To file for personal bankruptcy:
- Be at least 18 years old.
- Have lived in the U.S. for at least three years.
- Not have filed for bankruptcy within the last six years (or less if you’re filing under Chapter 13).
- Not have debts over $100,000–unless they’re not dischargeable (such as student loans).
Pros and cons of Chapter 7 bankruptcy
When you file for Chapter 7 bankruptcy, your assets are liquidated, and the proceeds are used to pay off your creditors. This means that if you have a home or car and it’s worth more than what you owe on it, those items will be sold off by the court. You’ll also need to turn over any money in your bank account as well as stocks and other investments that aren’t protected by law (like IRAs).
Although there are some exceptions depending on where you live, most individuals using this type of personal bankruptcy must pass through two tests before they’re allowed access:
- Means test – The debtor’s income must fall below state-mandated thresholds, or else there’s no point in filing at all because their debts won’t be discharged anyway!
- Non-dischargeable debt test – Some types of debts (like student loans) cannot be written off during this process; however, these types may still qualify for discharge under Chapter 13 bankruptcy rather than being stuck with them forever!
Pros and cons of Chapter 13 bankruptcy
- Chapter 13 bankruptcy is a repayment plan. It allows you to pay back your debts over time, usually three to five years.
- Chapter 13 bankruptcy is an option if you have a lot of debt and can afford to pay it back over time.
- Chapter 13 bankruptcy is a good option if you want to keep your house or other property that could be taken away in foreclosure, such as a car or boat (if it’s not secured by collateral).
Conclusion
The decision to file for bankruptcy can be a difficult one, but you must understand all of your options before making a decision. We hope this article has helped you better understand the pros and cons of each type of bankruptcy so that you can choose the right option for yourself or your business. If you still have questions about which type is right for your situation, contact us today.