Bankruptcy Explained: Types and How It Works
Last Updated: January 16, 2023
Bankruptcy is a legal process in which an individual or business that is unable to pay their debts can either have their debt discharged or reorganized under the protection of the bankruptcy court. The main purpose of bankruptcy is to provide a fresh start for individuals and businesses that are struggling with debt by either discharging certain types of debt or reorganizing it under a payment plan.
There are different types of bankruptcy, each with its own set of rules and requirements. The most common types of bankruptcy are Chapter 7, Chapter 11, and Chapter 13.
Chapter 7 bankruptcy, also known as a “liquidation” bankruptcy, is the most common type of bankruptcy filed by individuals. In a Chapter 7 bankruptcy, a person’s assets are sold to pay off their debts. The proceeds from the sale of the assets are then distributed among the person’s creditors.
After the assets are sold and the proceeds are distributed, the person’s remaining debt is discharged, meaning they are no longer responsible for paying it. However, there are certain types of debt that cannot be discharged in a Chapter 7 bankruptcy, such as child support and alimony, student loans, and taxes.
Chapter 11 bankruptcy is typically used by businesses, but it can also be used by individuals with high levels of debt. In a Chapter 11 bankruptcy, the business or individual remains in control of their assets and operations, but their debts are reorganized under the protection of the bankruptcy court. The court will approve a plan that allows the business or individual to pay off their debts over time. Once the plan is approved and the debts are paid off, the business or individual is released from their remaining debt.
Chapter 13 bankruptcy is similar to Chapter 11, but it is only available to individuals. In a Chapter 13 bankruptcy, the person’s debts are reorganized and they are given a payment plan to pay off the debt over time.
This type of bankruptcy is often used by people who have a regular income but are unable to pay their debts. The payment plan is usually for three to five years and, once the payments are complete, the person’s remaining debt is discharged.
When an individual or business files for bankruptcy, they must disclose all of their assets and liabilities to the bankruptcy court. The court will then use this information to determine how much of the person’s debt can be discharged and how much they will have to pay back. The process can be complex and time-consuming, but it can provide a fresh start financially for those who are struggling with debt.
The decision to file for bankruptcy should not be taken lightly. It can have a negative impact on an individual’s credit score and can make it difficult for them to get credit in the future. However, for those who are struggling with debt, bankruptcy may be the best option. It can provide a fresh start financially by discharging certain types of debt, and it can also provide a way to reorganize and pay off remaining debt under the protection of the bankruptcy court.
Before filing for bankruptcy, it is important to speak with a bankruptcy attorney to understand the process and to determine if it is the right option for you. An attorney can also help you understand the different types of bankruptcy and which one is best for your situation.
In conclusion, bankruptcy is a legal process that provides a fresh start for individuals and businesses that are struggling with debt. It can be a complex and time-consuming process, but it can also provide a way to discharge certain types of debt or reorganize and pay off remaining debt under the protection of the bankruptcy court. However, it is important to speak with a bankruptcy attorney before filing for bankruptcy to understand the process and to determine if it is the right option for you.