A Guide to the Different Chapters of Bankruptcy

bankruptcy lawyer scrabble gameIf you’re on the verge, or even just considering the concept of filing for bankruptcy, understanding your options is an important step. People commonly hear about Chapter 7 or Chapter 13, but may not know the difference.

The truth is the Bankruptcy Code allows for multiple different types of bankruptcy and understanding the difference between each is critical. An experienced attorney can guide you toward the best bankruptcy protection option based on your particular situation.

Chapter 7

Chapter 7 bankruptcy is most commonly utilized by individual debtors. Also referred to as straight bankruptcy or liquidation, the process can last up to six months and entails the discharge of most debts through a court-appointed administrator so you can have a fresh start.

Chapter 13

Chapter 13 bankruptcy is also used by individual debtors but usually lasts a little while longer (typically three to five years).

During the process, debtors are permitted to settle their unsecured debt such as credit cards and different types of loans for a percentage of their original balance but need to pay their tax debt in full before they can start over again.

Chapter 13 allows debtors to stay in their homes as it requires a plan to make past-due mortgage payments.

Schedule a Consultation With a New Jersey Bankruptcy Attorney

Bankruptcy is not a process you should undertake without experienced legal representation. These laws are quite complicated; rely on a professional to guide you through the process and make sure you’re being treated fairly by the courts.

If you need an experienced attorney in bankruptcy that can provide you with all available options, you need Joel R. Spivack, Esq. New Jersey bankruptcy lawyer Joel Spivack has been successfully servicing clients for more than 30 years. He understands the bankruptcy process and what it takes to get you through it.

Don’t wait for your fresh financial start, contact us today by filling out the online form.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

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Attorney Joel R. Spivack is an experienced bankruptcy and residential real estate transactions lawyer in Cherry Hill, New Jersey. Clients come to us for legal services, but what we really provide is peace of mind. For more than 30 years, Attorney Spivack has helped people make wise, informed decisions about bankruptcy filings, debt relief options and residential real estate transactions.
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