The difference between bankruptcy chapter 7, 11 and 13

by | May 10, 2024 | Chapter 11, Chapter 13, Consumer Bankruptcy

If you live in Greenville, NC, and are feeling overwhelmed by debt, it’s important to know that you have options. Bankruptcy might be a way to get a fresh start. This article will explain the differences between Chapter 7, Chapter 11, and Chapter 13 bankruptcy to help you decide what might work best for you.

What is Bankruptcy?

Bankruptcy is a legal process that helps people who can no longer pay all their debts get a new start by wiping out those debts through a court order. It’s a step that can help you stop worrying about debt and start fresh.

Chapter 7 Bankruptcy: Clearing Your Debt Slate

What Is Chapter 7 Bankruptcy?

Chapter 7 bankruptcy is a way to clear most of your debts quickly. In this process, the court sells off your “non-essential” belongings to pay as much of your debt as possible. The good news is items like your clothes, furniture, and usually your car are protected and won’t be sold.

Who Should Consider Chapter 7?

  • People with a Lot of Debt: If your debts are really high, this might be a good choice.
  • Those with Low Income: If you don’t make much money, Chapter 7 can help you because you might not have enough to pay your debts.
  • People Without Many Valuable Things: If you don’t own expensive items that can be sold off, Chapter 7 might work for you.

Chapter 7 is quick—usually, you can be done in just a few months. But remember, it will stay on your credit report for 10 years, which can make getting new credit harder during that time.

Chapter 13 Bankruptcy: A Plan to Pay Over Time

What Is Chapter 13 Bankruptcy?

Chapter 13 bankruptcy helps you create a plan to pay back your debts over time. This type is good if you have a regular income and want to keep things like your house or car.

How Does It Work?

  • Making a Monthly Payment Plan: You and a court helper will figure out how much you can pay each month. This plan considers what you earn and what you need to live.
  • Keeping Your Things: One big benefit of Chapter 13 is that you can keep your valuable things like your home and car as long as you stick to the payment plan.

Who Should Consider Chapter 13?

  • People with Steady Jobs: You need to have a regular income to make your monthly payments.
  • Those Who Own Valuable Things: If you want to keep your home or other important items, this might be your best option.
  • People Who Can Stick to a Payment Plan: You need to be able to follow the plan for 3 to 5 years.

Chapter 13 will show on your credit report for 7 years, but you can start rebuilding your credit right away by making timely payments.

Chapter 11 Bankruptcy: Help for Businesses

What Is Chapter 11 Bankruptcy?

Chapter 11 is mostly for businesses. It lets a business reorganize its debts and try to become profitable again. It’s like hitting a pause button to sort out finances without closing the business.

Who Should Consider Chapter 11?

  • Businesses with Valuable Assets: If your business has valuable things but just needs time to reorganize, this might help.
  • Businesses That Can Recover: If you think your business can be successful again with some adjustments, Chapter 11 might be right.

This type of bankruptcy is complicated, so having a lawyer help you is very important.

How to Choose the Right Bankruptcy Type for You in Greenville, NC

Choosing the right type of bankruptcy can be tough. Here are some steps to help you decide:

  1. Assess Your Financial Situation: Look at how much you owe, what kind of debts they are, and your monthly income and expenses.
  2. Think About What You Own: Do you own a home or other valuable things that you want to keep?
  3. Consider Your Future: What are your financial goals after you get through this tough time?
  4. Get Professional Advice: Talk to a bankruptcy lawyer in Greenville, NC. They can help you understand your options and choose the best path.

Next Steps: Getting Help in Greenville, NC

If you’re thinking about bankruptcy, it’s a good idea to talk to a lawyer who knows about the bankruptcy laws in Greenville, NC. They can help you understand more about what bankruptcy would mean for you and guide you through the process if you decide it’s the right step to take.

Don’t wait until things get too hard to handle. Knowing your options can help you make the best decision for your future. Reach out today and start on your path to a fresher financial beginning.