Bankruptcy

Bankruptcy

Chapter 7 Bankruptcy

In this type of bankruptcy, also known as “straight bankruptcy”, the trustee (the person in charge of collecting payment from you) will take certain assets and sell them at auction (some assets may be exempt – like your home or the equity in your vehicle). Any money made from these sales is then distributed to your creditors on a percentage basis. When you come out of this bankruptcy you will be allowed to keep your cars and your home, even if there are liens against them, so long as your payments are current.


It's important to know that there is “means test” in the bankruptcy law; and this test looks at how much money you are earning to determine your eligibility. You must pass this test before being allowed to file for Chapter 7 bankruptcy. If you are wondering if filing for Chapter 7 bankruptcy is right for you, contact the Shifflett Law Firm, PLLC so we can talk about your options.

Chapter 13 Bankruptcy

In this type of bankruptcy, also known as “reorganization bankruptcy,” you make payments to the bankruptcy trustee. Chapter 13 bankruptcy tends to be the best fit for those fail to pass the “means test” for Chapter 7, and it works well for those who have fallen behind on their car or mortgage payments or owe a large tax debt.


Chapter 13 bankruptcy gives you a three-to-five-year period to catch up on delinquent payments. The trustee will distribute your payments to the secured creditors or tax agencies first, and if anything remains, the rest will be paid to unsecured creditors (like credit card debts). At the end of this bankruptcy period, you will be caught up on all your secured debts and any remaining unsecured debt will be discharged (it legally goes away).


Preparing Chapter 13 bankruptcy can be very complicated. It is important for you to choose an attorney who cares about your future. We are here to help. Call us to set an appointment to discuss your options.

We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.

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