A Bankruptcy Is Filed under Federal Law and Is Designed to Eliminate or Manage Your Debt by Filing a Chapter 7 or Chapter 13 Bankruptcy Petition.
Chapter 7 Bankruptcy:
A Chapter 7 bankruptcy will eliminate most unsecured debt, but some debt has been designated as nondischargeable under the Bankruptcy Act, which would be student loans, taxes, child support, alimony, and maintenance. Under Chapter 7, you can also manage your secured debt, you can cancel that debt and surrender the security, if you so choose, or keep the secured debt and reaffirm the debt under the Bankruptcy Act.
Each Chapter 7 is unique, and to determine if you qualify for Chapter 7 and how it will affect you, please contact our office for a free consultation at (309) 788-9541
Chapter 13 Bankruptcy (Wage Earner Plan):
Under a Chapter 13 wage earner plan, you keep your property and propose a plan to repay your debts over 3 to 5 years. During this period of time, you pay monthly payments under your Chapter 13 Plan to the Chapter 13 Trustee who distributes this money to your creditors. Chapter 13 provides a way to catch up on past due house and vehicle payments, to avoid foreclosure on your home, and repossession of your vehicle, The amount you pay back to your unsecured creditors depends on your schedules, and can range from 0% to 100%. Chapter 13 is used to save a home from foreclosure.
There are two other chapters under the Bankruptcy Code that an individual can file under Chapter 12 (which is for farmers), and Chapter 11.
The above is a general overview of Chapter 7 and Chapter 13, and to determine which chapter would be right is a process that can be done by making an appointment for a consultation regarding your financial problems, and whether bankruptcy is even the right option for you.
Deutsch & Deutsch lawyers files bankruptcy for clients in the Bankruptcy Court for the Central District of Illinois, which includes the following counties: Rock Island, Henry, Mercer, Knox, and Warren. We also represent clients in the Bankruptcy Court for theSouthern District of Iowa, which includes Scott, Muscatine, and Clinton counties.
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