Bankruptcy helps people and businesses struggling with overwhelming debt. It provides a legal way to get relief by either eliminating debt or creating a repayment plan. The two most common types for individuals are Chapter 7 and Chapter 13 bankruptcy. Chapter 7 allows for the liquidation of non-exempt assets to pay creditors, while Chapter 13 sets up a repayment plan over three to five years.
The automatic stay
Filing for bankruptcy triggers an automatic stay, which immediately stops most collection actions. Creditors must halt wage garnishments, lawsuits, foreclosure proceedings, and harassing calls. This protection remains in place until the case is resolved or a court lifts the stay.
Dischargeable vs. non-dischargeable debts
Bankruptcy can eliminate certain debts, but others remain. Dischargeable debts include credit card balances, medical bills, and personal loans. Non-dischargeable debts include most student loans, child support, alimony, and some tax debts. Secured debts, like mortgages and car loans, may require continued payments or surrendering the asset.
The bankruptcy timeline
The process length depends on the type of bankruptcy filed. Chapter 7 cases typically last three to six months from filing to discharge. Chapter 13 cases take three to five years since they involve repayment plans. Both types require financial disclosures, credit counseling, and attending a meeting of creditors, where a trustee reviews the case.
Life after bankruptcy
After discharge, a fresh financial start begins. Credit scores may drop, but responsible money management can help rebuild credit. Secured credit cards, budgeting, and paying bills on time improve financial standing over time. Some debts, like mortgages, may require reaffirmation agreements to maintain ownership of property.
Bankruptcy may be an option if debts are unmanageable, collection actions are constant, and other financial solutions have failed. Researching available bankruptcy options and understanding the legal process can help in determining the right course of action based on individual circumstances.