If you have a lot of debt and you don’t know what to do to get rid of it, you may have to rely on your option of filing personal bankruptcy. This should only be used as a last resort. If you can’t make your payments and you need a way to start over, talk with a bankruptcy lawyer to determine if it’s the right choice and to find out what steps you need to take.
There are two main types of personal bankruptcy, chapter 7 and bankruptcy chapter 13. Chapter 7 is when you’re nonexempt assets are liquidated and use to repay your creditors, then the remainder may be discharged. This is what many people think of when they hear the word ‘bankruptcy’. However, filing chapter 7 is now more difficult. Many individuals who have a regular income may be require to file chapter 13 instead because so many people have abused chapter 7 bankruptcy in the past.
Chapter 13 is the reorganization of debt. Instead of getting it all discharged, you still have to pay it back. You won’t have any of your assets taken away from you and liquidated. You will be assigned a trustee who will set up a scheduled payment plan to be paid back over the next 3 to 5 years. They will build the plan based on your income and what they believe you can afford. If after the payments are made there are still debts remaining, you may have them discharged as long as you made all your payments on time.
This may still be a good choice for some people, even if it does still mean repaying your debts. Instead of having to pay it all back with interest continuing to compound, your trustee will make it easier to pay back. It will also be better on your credit as bankruptcy may not remain on your credit report as long.