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Law Offices of

Douglas A. Crowder

Law Offices of

Douglas A. Crowder

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There are several types of bankruptcy, but only two that consumers generally need to be concerned with.

 

CHAPTER 7 BANKRUPTCY. If you qualify for a Chapter 7, you can “discharge” (effectively eliminate) most of your debts without having to repay anything. Not everyone qualifies for a Chapter 7. Under the new bankruptcy law, all debtors must take a "means test." The bottom line is that if your income is above the average for your state, OR if you can afford to pay more than $100 per month to your creditors after all of your reasonable expenses are taken into consideration, then you will probably not be allowed to file a Chapter 7.

 

CHAPTER 13 BANKRUPTCY is a solution wherein you make monthly payments to a court appointed trustee for a period of 3 to 5 years (3 years if your income is below the state median, 5 years if it is above the state median.) The amount you pay is as much as you can afford to pay – meaning that your reasonable living expenses are subtracted from your income, and everything left over goes to the trustee.

 

A Chapter 13 may be your best option if:

 

   a.  You owe large tax debts that cannot be eliminated by a Chapter 7 and you want to stop the interest and penalties by forcing the IRS to take a payment plan.

   b.  You own real estate that is being foreclosed on; or

   c.  You don’t qualify for a Chapter 7 and you want to stop lawsuits against you.

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