The Different Types Of Bankruptcy

By cheapcarinsurancetips, November 15, 2009

Bankruptcy happens when an person or an organization lawfully discloses their unfitness to resolve the payments of the creditors. In That Respect are particular laws and regulations pertaining bankruptcy, and they are targeted at offering a form of protection to both the creditors and the debtors. Bankruptcy Chapter 13 is a chapter which is taken in the United States Bankruptcy code which can be opted by individual filing for bankruptcy.

 The Bankruptcy Code of the United States is contained under Title 11 of the United States code. In this Bankruptcy code, there are certain chapters which establish distinct forms and positions of bankruptcy. Bankruptcy Chapter 13 is also one alternative available to a bankrupt individual. Debtors may choose to file the bankruptcy under Chapter 7 which would effect in liquidation or straight bankruptcy, Chapter 12 (reorganization which is similar to Chapter 13 but offers additional benefits for farmers and fishermen), Chapter 11 and Chapter 13 which is the reorganization of the business. Furthermore, in many cases the debtor can even shift to another particular chapter from Chapter 7 or 11 when presented with involuntary bankruptcy.

 Bankruptcy Chapter 13 allows an individual to undergo financial reconstituting under the supervision of the federal bankruptcy court. However, not every individual can file bankruptcy Chapter 13 since there are specific requirements that have to be met. In order for a debtor to successfully file bankruptcy Chapter 13, he/she must have a disposable income to originate a payment plan to settle the creditors. Moreover, the Bankruptcy Code has assigned debt limits for an person to be entitled to file Chapter 13, amounting to no more than $336,900.00 in unsecured debts and $1,010,650.00 in secured debts.

 Under bankruptcy Chapter 13, an individual suggests a 3 to 5 year plan to resolve the creditors and the repayments should begin within thirty to forty five days after the original bankruptcy case has been filed. In addition, during this period of time, the creditors are allowed to accumulate their previous debts only through the bankruptcy code. Usually, the creditor will be permitted to retain his property and the creditors will be settled an amount less than the actual owed debt.

 However, there are certain disadvantages of bankruptcy Chapter 13 for instance; the filing for bankruptcy will remain in the individuals credit report for up to ten years and he/she cannot obtain any more credit without the approval of the bankruptcy code. In addition, creditors may not be prompted to provide credit to an individual in this position.

 Therefore, bankruptcy Chapter 13 provides security to debtors while supplying creditors a way to recover their money. Overall, it can be seen as a pretty good alternative particularly for debtor.

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