Determining Which Type Of Bankruptcy Is Best For You
From Tracy’s interview for the Masters of Bankruptcy series on ReelLawyers.com.
Sometimes, clients walk into The Law Offices of Tracy L. Robinson, LC, wondering whether they should apply for Chapter 7 or for Chapter 13 bankruptcy. The fact is, however, that the choice isn’t up to them. Depending on the debtor’s financial circumstances, they will qualify for one or the other, but not both.
Chapter 7 and Chapter 13 of the Bankruptcy Code are by far the most common forms of personal bankruptcy. Though they both eliminate all or most of a consumer’s debt, the two programs go about this task in entirely different ways.
Chapter 7: Quick And Powerful Debt Relief
Chapter 7 bankruptcy is for people who have relatively low income and high levels of debt. Under Chapter 7 bankruptcy, some of the debtor’s assets are collected and sold to pay off a portion of the outstanding debt. Then, the rest of the debt is eliminated, leaving the consumer debt-free. The process can be completed relatively quickly, usually taking just four to six months.
Chapter 13: Payment Plan For Long-Term Relief
Chapter 13 bankruptcy is generally used by people who have a steady income and want to keep a home with a mortgage. When a debtor files for Chapter 13 bankruptcy, a payment plan will be created that will allow the debtor to pay off a portion of his or her debt over the course of three to five years.
If the debtor sticks to the payment plan for the duration of the bankruptcy, then the remainder of his or her debt is typically forgiven when the process is completed. Though Chapter 13 takes much longer than Chapter 7, it generally comes with a much smaller penalty to the debtor’s credit score. It also allows you to keep your home and repay mortgage arrears through the plan.
Get The Legal Help You Need
There are many differences between Chapter 7 vs. Chapter 13 bankruptcy, but we are able to assist no matter which filing your require. Attorney Tracy L. Robinson is a certified specialist* in the field of personal bankruptcy, and he has more than 25 years of experience helping individuals eliminate their overwhelming debts with the help of Bankruptcy Code.
If you are falling behind on your debt payments, don’t delay. Contact us or call 816-842-1317 to speak with an experienced bankruptcy lawyer. We have convenient office locations in downtown Kansas City, Lee’s Summit and Zona Rosa. We offer free consultations to all prospective clients throughout Missouri and Kansas and the option of installment payment plans.
*NEITHER THE SUPREME COURTS OF MISSOURI AND KANSAS NOR THE MISSOURI AND KANSAS BAR ASSOCIATIONS REVIEW OR APPROVE CERTIFYING ORGANIZATIONS OR SPECIALIST DESIGNATIONS.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.