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Bankruptcy

Chapter 7 and Chapter 13

 

Chapter 7

Chapter 7 bankruptcy discharges debts.  A debtor keeps exempt property and receives a discharge.  Some debts are non-dischargeable, such as child support, student loans, and recent taxes.  The debtor can often reaffirm secured debts on property items such as a car and keep property that would otherwise have to be surrendered.  A person who has filed a previous Chapter 7 bankruptcy is not eligible to refile a Chapter 7 case but can file under Chapter 13.

Chapter 13

Chapter 13 allows a payment plan from 36 to 60 months.  A payment plan can reinstate a loan that is in default and prevent a foreclosure.  A Chapter 13 plan can also provide for payment of taxes and other non-dischargeable debts.   When all the payments have been completed, a discharge can be obtained from the debts that were not paid through the plan. 

Bankruptcy can be quite complex.  Persons considering bankruptcy should always consult an attorney as the first step so that they understand the benefits and also the complications, such as the requirement to complete a credit counseling course within 180 days prior to filing.

Call George C. Wing, Attorney, 719-635-4716, for an appointment to discuss bankruptcy options.  EMAIL: gwing@winglaw.com

 

 

 

 


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