I've been doing my research on both types of bankruptcy, but I'm not entirely sure what each one does? What are the differences between 7 and 13? I know that Chapter 7 involved liquidation, but I've heard it can be used for both businesses and individuals. Can anyone clarify this in a very simplified manner? I'd love to know. Thanks, guys!
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What is the difference between Chapter 7 and Chapter 13 bankruptcy?
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First of all, you file the chapter of bk for which you qualify.
A Chapter 7 is a liquidation of assets above whatever level your state exempts. No assets and unsecured creditors get nothing and the process is over in 90-120 days.
In a 13, if you have monthly dispsoable income or assets you wish to protect, secured debt is payed at 100% and unsecured creditors get whatever monthly dispsoable income is left over a 60 month period.
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OR if you are filing Ch 13 and pass the means test, you pay your unsecured debts over 3 yr(36 months). This is what is happening in my case. I have approx $1350 in DMI but pass the means test based on household income. Had I filed two months ago(before my husband went back to work)I'd have qualified for Ch 7 no problem.Filed CH 13 5/28/10
341 Hearing 6/23/10 & 8/23/10/Confirmed 9/21/2010 36 months
DISCHARGED 9/12/13
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