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Did you recently lose your job, rack up extensive medical bills, or have a judgment entered against you? Perhaps you’re a small business owner struggling with mounting expenses. No matter the reason for your financial crisis, you may qualify for a Chapter 7 or 13 bankruptcy. Westlake Legal Group offers bankruptcy help to individuals and businesses in the Northern Virginia area.
Contact our bankruptcy lawyers today for a case review.
The laws regarding bankruptcy are found in Title 11 of the United States Code. Each chapter of that Title deals with certain parts of the bankruptcy process. For example, Chapter 1 provides general provisions and definitions as they apply to bankruptcy.
Several chapters deal with debt relief for specific types of debtors. Chapter 11 provides the rules and laws for the reorganization of large companies that want to keep operating. However, most individual debtors are concerned with either Chapter 7 or Chapter 13.
Chapter 7 is the most common type of bankruptcy filed by individual debtors. It is considered the quickest, most cost-effective way to obtain debt relief. When filing under Chapter 7, most unsecured debts are discharged, meaning they are eliminated and cannot be collected. Be aware that it’s usually not possible to discharge debt from taxes, student loans, child or spousal support, or divorce obligations.
Chapter 7 is known as “liquidation bankruptcy” because it involves selling non-exempt assets and paying the proceeds to your creditors. However, most Chapter 7 cases are “non-asset” cases, meaning the debtor doesn’t have enough non-exempt assets to pay creditors back.
At Westlake Legal Group, our lawyers can analyze your debts and assets to give you an accurate picture of what filing bankruptcy will look like. Contact us today for a consultation.
Chapter 13 is referred to as an “adjustment of debt.” This is likely the best debt relief option for you if you have regular income and can cover your living expenses, but you struggle to pay your scheduled debts. In other words, you’re capable of making some contributions to pay back your debts. Often, people with higher incomes and assets are required to file bankruptcy under Chapter 13 because they don’t meet the income requirements of the Chapter 7 means test and do not want to lose their assets.
Under a Chapter 13 filing, the court adopts a payment plan you can afford. The plan halts the accrual of interest on unsecured debt and gives you three to five years to pay off as much debt as possible. At the end of the repayment period, any debt that remains is discharged.
Speak with our Chapter 13 lawyers to learn more.
Chapter 11 is intended as a way to reorganize corporate debt. You, the corporate debtor, remain in control of your property while subject to bankruptcy court supervision. The terms of Chapter 11 plans vary, depending on the nature of the corporate debt and the type of business you operate. You are permitted to propose a debt reorganization plan within an allotted timeframe, and your creditors usually get to vote on it.
Working with a Chapter 11 attorney is the best way to proceed successfully. Contact our business bankruptcy lawyers in Northern Virginia to begin building your debt reorganization plan.
The information on this website is for informational purposes only; it is deemed accurate but not guaranteed. It does not constitute professional advice. All information is subject to change at any time without notice. Contact us for complete details.