Categories: Personal Bankruptcy

Liquidation, Reorganization; What’s the Real Difference? II

Personal bankruptcy is the topic of this blog and differences between Chapter 7 and Chapter 13 filings the focus of this series. Our last post gave a little more explanation about what liquidation means in the Chapter 7 process. This post will focus on Chapter 13 — the reorganization bankruptcy.

Chapter 13 is called the reorganization bankruptcy process not because it just “shifts” debt around. The process involves the consideration of all income and liabilities to create a payment plan that works for the individual. Essentially, the debt is reorganized from unmanageable to manageable.

A major difference between Chapter 7 and Chapter 13 is the means test requirement for Chapter 7. While this test is easier to meet than people might think, it does exclude some. Chapter 13 is a way for those who earn more income to restructure their debt.

Ineligibility for Chapter 7 is certainly not the only reason to file for Chapter 13. Individual often voluntarily choose this option over the other. If there are co-signers on loans, this process can protect them. By filing for Chapter 13, you can put a stay on the accrual of tax interest charges and penalties. Other reasons may include time requirements for filing a second bankruptcy, default on a mortgage for a home they want to stay in, to remove certain liens on their property and a plethora of other reasons.

Understanding which type of bankruptcy to choose requires more advice and consideration than just two blog posts can offer, which is why it is important to consult an experienced bankruptcy attorney prior to making a decision.

Source:Reporter, “Understanding how bankruptcy works,” Jan. 16, 2013

If you want to learn more about the bankruptcy process in Florida, our law firm has extensive experience in helping individuals and families get the fresh start that they need.

Published by
Law Offices of Robert M. Geller, P.A.

Recent Posts

How to Spot Credit Reporting Anomalies Before Filing

Your credit report is a tool that helps you and others assess your financial situation.…

15 hours ago

A Step-by-Step Look at Florida Court Filing Procedures

Many people considering bankruptcy are surprised to learn the court oversees a specific process. Bankruptcy…

4 days ago

A Clear Guide to Income-Based Repayment Evaluations

Student loan payments stretch your budget no matter your circumstances. A change in income can…

6 days ago

A Simple Guide to Florida Filing Requirements

You’re likely feeling overwhelmed if you’re dealing with financial issues. Mounting bills, calls from creditors,…

4 weeks ago

Managing Emergency Expense Debt With Smarter Strategies

As you probably know all too well, emergencies rarely occur at convenient times. Whether it’s…

1 month ago

What You Should Know About Florida Homestead Protections

Your home is more than just a financial asset. It’s where you live and where…

1 month ago