There
are (4) types of bankruptcy:
Chapter
7:
This is often referred to as "fresh start" bankruptcy.
It discharges most unsecured debts. It also discharges secured
debts if you choose to surrender the property securing the debt.
Chapter
13:
To qualify for chapter 13, among other requirments you must have
regular income. Chapter 13 provides for repayment of at least
a portion of your debts through a monthly payment plan to the
court trustee, usually three (3) years, up to a maximum five (5)
years. Any remaining balances for most unsecured debts will be
discharged.
Chapter
12:
This is similiar to chapter 13, but for family farmers.
Chapter
11:
This is similiar to chapter 13, but is used mostly by large businesses.
One
of the reasons most people file for bankruptcy is to get a "discharge".
A discharge is a court order that you do not have to pay certain
debts.
Some debts cannot be discharged. For example, you cannot discharge
debts for:
Most taxes
Child support
Alimony
Most student loans
Court fines and criminal restitution
Personal Injury caused by driving drunk
or under the influence of drugs
Debts obtained through fraud or deceit
Debts not listed in bankruptcy
When
one files for bankruptcy . . . a complete financial disclosure
is required, that is, what you owe, what you earn, and what you
spend.
Your
disclosure must be accurate and complete as possible, especially
since you are giving this information under oath. You must provide
year-to-date income as well as income for the (2) previous years
from all sources. You must list all current average monthly expenses.
Steven
L. Lefkovitz
618 Church Street Suite 410
Nashville, TN 37219
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