The original intent of bankruptcy was to give debtors a second opportunity to start over. Bankruptcy enables you to eliminate your debt through a process; however, it is sometimes abused by individuals. This is why the bankruptcy code is continuously revised to reflect the evolving social standards. However, not every debt can be eliminated; others are disqualified due to improper filing procedures.
The following chapters are included in the bankruptcy codes: Chapter 7 refers to liquidation, chapter 11 to reorganization, and chapter 13 to individual debt adjustments.
Chapters 11 and 13 of the Bankruptcy Code allow individuals with a regular income to develop a repayment plan for all or a portion of their debts. In accordance with this chapter, debtors propose a repayment plan to extend payments to creditors across three to five years. The benefit of chapter 13 is that it allows individuals to prevent the foreclosure of their residences. By petitioning under this chapter, individuals can halt foreclosure proceedings and eventually catch up on missed mortgage payments. Additionally, Chapter 13 has a provision that protects third parties who are jointly liable with the debtor. This clause also protects co-signers.
Chapter 7 of the bankruptcy code does not require the filing of a repayment plan, like chapter 13 does. Instead, the trustee collects and sells all of the debtor's assets, including the home and vehicle. Then, according to the provisions of the Bankruptcy Code, the proceeds from the sale of the assets are used to pay the debtor's creditors. Debtors should be aware that filing a chapter 7 petition could result in the loss of their property.
However, bankruptcy does not necessarily eliminate all debts. For those who are engaged in business, corporations, or partnerships, their co-signee will receive payment unless they declare bankruptcy. Actions have either long-term or short-term consequences. Due to the financial crisis and unanticipated problems, more individuals and businesses are filing for bankruptcy. This is why it is frequently abused.
If you have other options, you should make every effort to pursue them; however, declaring bankruptcy is not the end. There is still optimism that, once debtors are debt-free, they will be eligible for home ownership or home repossessions.""
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