How Does a Chapter 13 Bankruptcy Differ From a Chapter 7 Bankruptcy?

On April 21, 2010, in Bankruptcy, by Robbie L. Vaughn, Esq.

A major difference between a chapter 13 bankruptcy case and a chapter 7 bankruptcy case.

When a person files a chapter 7 bankruptcy case, their non-exempt property (if any exists) is liquidated to pay as much money back to his/her creditors as possible. So, in a chapter 7 case the debtor could lose all or most of his/her non-exempt property.

A person filing a chapter 13 bankruptcy case usually retains his or her non-exempt property. However,  he/she is required to pay the value of the non-exempt property to his/her creditors. The determined amount is usually paid by the debtor, through the chapter 13 plan, over 3-5 years.

Don’t be alarmed, many people contemplating bankruptcy have very little or no non-exempt property. However, you should consult with a knowledgeable bankruptcy lawyer if you are thinking about filing for bankruptcy.

As always, The Law Firm of VAUGHN & WEBER, PLLC is here to assist you.  We are conveniently located in the heart of Nassau County, Long Island, at 217 Willis Avenue in Mineola, NY.  Contact us at (516) 858-2620 to arrange a bankruptcy consultation with one of our attorneys.

Please visit our Bankruptcy category to learn more about filing chapter 7 or 13 bankruptcy.

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