As most credit card debt is unsecured, consumers who are burdened by consumer debt, including credit card debt, can expect to have this debt eliminated. Chapter 7 requires debtors to make their non-exempt assets available for liquidation by secured creditors. The debtor is obligated to make payment or transfer the collateral. Unsecured creditors will not receive payment in full or at all. The bankruptcy court appoints a trustee who organizes a meeting with creditors and distributes assets to creditors according to their status. At the conclusion of the process, the debtor typically receives a discharge; consequently, the debtor is liberated from the burdensome debt and able to begin a new life without further creditor harassment.
Chapter 7 is a legal option predicated on the elimination of debt, but there is also a provision for the reaffirmation of a specific obligation if the debtor can demonstrate sufficient income. In this instance, the debtor negotiates with a creditor to retain certain property. Chapter 7 bankruptcy does not result in the loss of all assets, so domestic assets and exempt property are typically retained.
Other bankruptcy strategies emphasize reorganization rather than liquidation. After reorganization and, in some cases, consolidation of debt, these procedures require the development of a repayment plan so that the debtor can retain property or a business. Chapter 13 is a reorganization strategy that is ideal for individuals with a stable income sufficient to retain their property and pay their mortgages with assistance and direction.
Once more, the debtor receives relief upon filing due to the stay on creditor activity, and co-debtors are also secured against creditors. During debt counseling, a repayment plan is created, but depending on the debtor's circumstances, unsecured creditors may receive little or no repayments. After three to five years, the debtor will likely receive a debt discharge.
Chapter 12 provides a similar approach to debt management for family farmers and fishermen, but with increased debt burdens associated with operating these enterprises.
Chapter 11 bankruptcy is an option that allows businesses to maintain control and continue to operate while ultimately eliminating their debt burden. This is the best option for larger organizations, as it is a complex, time-consuming, and potentially expensive process. However, the option supplies the necessary mechanisms for businesses. It is adaptable in that repayment plans can be altered as the business climate evolves. Whether the debtor is an individual or a business, discharge generally implies that the debtor is free of debts that existed before the petition was filed.""
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