Types of Bankruptcy

November 16th, 2009 by Ryan | Filed under types of bankruptcy.

Declaring bankruptcy may sound so easy and tempting considering the fact that the government will give you pardon (or something like that) for your debts, but you have to remember that no one will lend you a hand that quickly because a great amount of money is involved; definitely not the government!

There are different types of bankruptcy to apply for (actually, these types are also called chapters). Depending on what situation you are in, filing for bankruptcy will always provide you financial help.

Do not mistake this financial help for charity though, because the government will conduct a background investigation if you really are in need of this kind of assistance or not. Once the government found out that you are lying in any way to hide your assets, transfer your money to your friends or family, is still employed but declared yourself to be unemployed or intentionally concealed inheritance, business or any source of possible income, things will really go ugly and your chance of having the government on your side to help you will turn the other way around!

The merciful process of filing for bankruptcy is an angel for individuals or companies that no longer have the financial ability to pay for the bills they owe. In order for people in need of financial assistance to survive despite the fact of financial insolvency, the government will offer types of bankruptcy to opt for.  Whether it’s temporary or permanent, the government will always offer a hand to lure someone out of insolvency.

Here are the three (3) types of bankruptcy that is commonly applied for by firms and individuals:

Chapter 7 is the most commonly applied for and is also called “straight bankruptcy”. In this case, the debtor’s assets are sold to pay the creditors. In filing this type of bankruptcy, some of the debts will be eliminated so the original debt will no longer be paid in full as ordered by the government. Because of this scenario, a debtor who files for bankruptcy will face difficulties in applying for a new line of credit in a couple of years after filing.

Chapter 13 is debt restructuring exclusively for individuals. Here, debts are not paid off; instead a payment plan is being set to allow the debtor to pay his debt in the most convenient way as far as his budget is concerned. Payment plan can last from 3 years to five years of repayment provided that certain criteria are met.

Chapter 11 is almost similar to Chapter 13 only that this type of bankruptcy offers assistance to companies and corporations who are facing insolvency (not only limited to individuals). This type of bankruptcy can be filed whenever it is necessary provided that there should be monthly instalment payments as agreed with the creditor.

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