Bankruptcies

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Chapter 11

Chapter 11 cases usually are filed by corporations, partnerships, and limited liability companies. Chapter 11 permits individuals and businesses to either liquidate or reorganize debt. It typically involves greater sums of money regarding the assets and debts of the individual or business.

Chapter 12

Chapter 12 bankruptcy is a relatively new addition to bankruptcy laws. It allows "family farmers" and "family fisherman" to restructure their finances and avoid liquidation or foreclosure. It's very similar to Chapter 13 bankruptcy, but provides additional benefits to debtors.

Chapter 13

In Chapter 13 bankruptcy, you keep your property, but pay back all or a portion of your debts over a three to five-year period. This is unlike Chapter 7 bankruptcy, where most of your debts are cancelled but you may have to surrender some property to the bankruptcy trustee to pay your creditors. Because you end up paying most of your debts over time in Chapter 13 bankruptcy, it is also called reorganization bankruptcy.

Chapter 7

In Chapter 7 bankruptcy, the bankruptcy trustee cancels many (or all) of your debts. At the same time the trustee might also sell (liquidate) some of your property to repay your creditors. Chapter 7 bankruptcy, also called "straight" or "liquidation" bankruptcy, is so named because the law is contained in Chapter 7 of the federal Bankruptcy Code.


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