There are two options under the bankruptcy laws:

 Liquidation       Repayment plan

In liquidation, also called Chapter 7 bankruptcy, you will be allowed to keep certain kinds of property under the exemptions allowed under federal and state bankruptcy laws. The definition of “exempt property” differs in each state, and it can include a home or car, clothing, furniture, household appliances, and tools of your trade.

In a repayment plan, sometimes called Chapter 13 bankruptcy, you pay a portion of your monthly income to a trustee for distribution to your creditors. A repayment plan is useful when you are behind on your home or car loan. The repayment plan can be used to extend, for up to 5 years, the time period for paying your bills and might allow you to pay less than you owe. The extended payment period has the advantage of allowing you to make smaller payments. You will be allowed to keep part of your monthly income to pay for living expenses like food, clothing, rent and medicine.

To qualify for a Chapter 13-repayment plan, you must have regular income and your unsecured debts must not exceed $250,000. If your unsecured debts exceed $250,000, you may be able to qualify for a repayment plan under Chapter 11.

A lawyer can study your situation and advise on whether a Chapter 7 or 13 is right for you.

The best bankruptcy alternative for you depends on a number of things, including the source of your income and the amount and types of your bills.

BANKRUPTCY

Alternatives   Options   Getting Started

Your Creditors   Your Trustee   Your Property

Effects of Bankruptcy   Checklist