Chapter 13 is a chapter for individuals and small businesses to reorganize and is more complex than most chapter 7 cases. Chapter 13 allows small businesses to continue to operate and allows individuals to pay off non-dischargeable tax debt over time and also people to keep
their homes rather than lose them in a foreclosure sale. In Chapter people are allowed to keep property that would normally be sold by a Chapter 7 Trustee. Debtors are instead allowed to pay the value of that property over time.
Chapter 13 cases always involve some payment to a chapter 13 trustee for a maximum of five years. An experienced bankruptcy attorney can help you obtain confirmation of a plan in a matter that you can afford and is also fair to your creditors.
Chapter 7 is the most common form of bankruptcy relief and is the choice for most clients who are below the medium income and have
limited assets. The state of California has liberal exemption laws and a skilled bankruptcy attorney can normally help clients go through
bankruptcy without surrendering any of their property to the Trustee. In a typical chapter 7 case the entire process lasts less than four months.
Also in most cases clients do not have to pledge any of their income toward payment of creditors. Although some debts are not discharged
in bankruptcy most debts, including credit card debt, medical bills and unsecured business debts are discharged.
TYPES OF BANKRUPTCY
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Chapter 11 is the most complex area of bankruptcy law chapter for individuals and small businesses to reorganize and is normally only used for corporations and individuals with very high debt levels. Chapter 11 cases should only be handled by attorneys who have substantial
expertise in that particular chapter of the bankruptcy code.
Chapter 11 cases depend upon the cooperation and support of your creditors because your creditors must vote in your favor or you will not be able to confirm a plan.
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