When You File Bankruptcy
You can choose the kind of bankruptcy that best meets your needs (provided you meet certain qualifications):
- A trustee is appointed to take over your property. Any property of value will be sold or turned into money to pay your creditors. You may be able to keep some personal items and possibly real estate depending on the law of the state where you live and applicable federal laws.
- Like Chapter 13, but it is only for family farmers and family fishermen.
- This is used mostly by businesses. In Chapter 11, you may continue to operate your business, but your creditors and the court must approve a plan to repay your debts. There is no trustee unless the judge decides that one is necessary. If a trustee is appointed, the trustee takes control of your business and property.
If you have already filed bankruptcy under Chapter 7, you may be able to change your case to another chapter. Your bankruptcy may be reported on your credit record for as long as ten years and it can affect your ability to receive credit in the future.
What Is a Bankruptcy Discharge and How Does It Operate?One of the reasons people file bankruptcy is to receive a discharge. A discharge is a court order which states that you do not have to pay most of your debts. Some debts cannot be discharged. For example, you cannot discharge debts for:
- most taxes ;
- child support;
- most student loans ;
- court fines and criminal restitution; and
- personal injury caused by driving drunk or driving under the influence of drugs.
only applies to debts that arose before the date you filed. Also, if the judge finds that you received money or property by fraud, that debt may not be discharged.
It is important to list all your property and debts in your bankruptcy schedules. If you do not list a debt it is possible the debt will not be discharged. The judge can also deny your discharge if you do something dishonest in connection with your bankruptcy case, such as destroying or hiding property, falsifying records, lying, or if you disobey a court order.
You can only receive a Chapter 7 discharge once every eight years. Other rules may apply if you previously received a discharge in a Chapter 13 case. No one can make you pay a debt that has been discharged, but you can voluntarily pay any debt you wish to pay. You do not have to sign a reaffirmation agreement (see below) or any other kind of document to do this.
Some creditors hold a secured claim (e.g. the bank that holds the mortgage on your house or the loan company that has a lien on your car). You do not have to pay a secured claim if the debt is discharged but the creditor may take the property.
To find out more about the different chapters of bankruptcy, click here .
We Are Here For You
From our first free consultation with one our bankruptcy attorneys to a credit rebuilding guide, OlsenDaines is with you every step of the bankruptcy process. Because our bankruptcy experience is tremendous, we are able to address your financial difficulties with the expertise and careful planning you are seeking.
Would you like an introduction to bankruptcy?