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| Understand Bankruptcy |
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| What is the advantage of Chapter 13 over a Chapter 7? |
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- A Chapter 13 bankruptcy is ideal for debtors who either have too much income to file for a chapter
7 bankruptcy or have debts that are not dischargeable.
- Chapter 13 bankruptcy is also ideal for debtors who are behind on their home or business payments.
- A chapter 13 bankruptcy allows them to make up their overdue payments over time and to reinstate the original agreement.
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| Can all debt be included in bankruptcy? |
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- Both types of bankruptcy may get rid of unsecured debts and stop foreclosures, repossessions, garnishments, utility shut-offs, and debt collection activities.
- Both also provide exemptions that allow you to keep certain assets, although exemption amounts vary.
- Personal bankruptcy usually does not erase child support, alimony, fines, taxes, and some student loan obligations.
- Also, unless you have an acceptable plan to catch up on your debt under Chapter 13, bankruptcy usually does not allow you to keep property when your creditor has an unpaid mortgage or lien on it.
- Also debts incurred in recent months cannot be included.
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| Will I lose everything including my home in bankruptcy? |
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Each state has established exemptions from bankruptcy court and all consumers
should review their state exemptions before contemplating bankruptcy. Link to
Exemptions By State to check your states regulations. One final point... if
bankruptcy is inevitable, keep your head held high. It is not the end of the world... it just feels like it.
Even bankruptcy does pass and you should never lower your head because circumstances overwhelmed you.
Just learn from your experience. That's all. |
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| If I have a cosigner on a loan, will the cosigner be affected by bankruptcy? |
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You should be aware that any cosigner automatically becomes liable for the full
amount of a co-signed debt. If this is not what you intend, you should not file or you
should make arrangements with the court for repayment. But even debts you do not
want included (such as a loan from a friend) must be included since the court does not accept any partiality. |
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