Chapter 7 and Chapter 13 are the most common consumer bankruptcy types. Chapter 7 involves liquidation and distribution of assets to creditors. Chapter 13 involves rehabilitation and government protection.
Under the Bankruptcy Abuse Prevention and Consumer Protection Act that took effect in 2005, many cases that once were eligible for Chapter 7 relief will now have to be filed as Chapter 13 bankruptcies. This will require debtors to pay back a portion of their debts through a Chapter 13 plan. Additionally, debtors will be required to complete a course in financial management prior to getting a Chapter 7 discharge.
It is vital for individuals considering bankruptcy to speak to an attorney who knows how the law will affect them. Our firm will carefully review the facts of your case and formulate a plan for achieving your financial goals.