Chapter 7: The Benefits of Filing this Form of Bankruptcy
Before you decide which route to take when it comes to bankruptcy, you should know a bit about each chapter. If you are considering chapter 7, it is important to find out what you can and cannot keep, and whether you have to pay back creditors.
If you need to eliminate your past debts and start fresh,
you may be thinking about declaring bankruptcy. Specifically, chapter 7 is way to wipe your slate clean without creating a payment plan to pay back your creditors. However, it is not the best route for everyone, so talking to your lawyer before choosing a form of bankruptcy is advised. You can first get an idea of what chapter 7 involves.
This type of bankruptcy is referred to often as liquidation, and is the most popular type. If you have few or no assets to begin with, this is often the best route since you have little to lose by starting over. If you have some assets, know that all those that are non-exempt will likely be sold, with the money made going toward your creditors so they receive some of the money they are owed. Of course this does not apply if you have no assets, in which case you will not have to offer any money to your creditors. Talk to your lawyer to find out which of your assets are non-exempt.
To start filing, you will be assigned a trustee, who will collect and sell your non-exempt assets. In some cases, you can keep property, as long as you vow to continue paying on it. For example, you may be able to keep your car and your home if you sign a reaffirmation agreement. This means that you will only lose the possessions that you can no longer pay for, so decide what those are before filing.
Most people have the option of filing chapter 7 bankruptcy. However, there are some people for whom it would not work best. For example, most businesses do not like the prospect of liquidation, especially since most have a lot of belongings to lose. Also, those who are in debt but still have some income may benefit more from chapter 13, as long as they can afford to pay back the companies that they owe.
Anyone considering bankruptcy has several options, since so many chapters exist. It is crucial that you find a reputable lawyer with whom to discuss your choices. You may find that chapter 7 is the best route for you, especially if you feel you have nothing to lose. On the other hand, it might be harder than you thought to lose some of your property, in which case you may choose to work out another plan.
