Individuals have two different types of bankruptcy debt relief programs: They are Chapter 7 bankruptcy and Chapter 13 bankruptcy.
The Pros of Chapter 7 Bankruptcy
Chapter 7 bankruptcy is when a debtor seeks to have all debts erased. The positives associated with this type of bankruptcy are:
The Cons of Chapter 7 Bankruptcy
Chapter 7 bankruptcy also has some negatives, and they are:
The Pros of Chapter 13 Bankruptcy
With Chapter 13 bankruptcy, people aren’t having their debts discharged; they are creating a court-approved plan to pay their debts. The trustee administers the money to be paid to the creditors for a period not to surpass five years. The advantages are:
The Cons of Chapter 13 Bankruptcy
As can be guessed, Chapter 13 bankruptcy also has its disadvantages. These are:
The Pros of Chapter 7 Bankruptcy
Chapter 7 bankruptcy is when a debtor seeks to have all debts erased. The positives associated with this type of bankruptcy are:
- All collections agencies must cease trying to collect the debt
- It may be able to reverse wage garnishment
- Debtors without any assets have a chance to see their debts erased completely
- If they do have property, some of the liens on them may be released
- They will be starting with a clean slate
The Cons of Chapter 7 Bankruptcy
Chapter 7 bankruptcy also has some negatives, and they are:
- The trustee that is appointed to people filing bankruptcy has control over how they spend their money
- The bankruptcy remains on their credit reports for a maximum of 10 years
- The bankruptcy remains visible in court records for 20 years
- Employers may decline to hire applicants who have filed bankruptcy
- People become emotionally distressed
- Not as many people can file for bankruptcy as before the year 2005
- It may not be as financially beneficial as the “New Deal”
- Very rarely can people discharge student loans or the taxes they owe the government
The Pros of Chapter 13 Bankruptcy
With Chapter 13 bankruptcy, people aren’t having their debts discharged; they are creating a court-approved plan to pay their debts. The trustee administers the money to be paid to the creditors for a period not to surpass five years. The advantages are:
- It gives people a way to catch up on their missed payments
- After a Chapter 13 filing, collections agencies are not allowed to continue their collections efforts
- Debtors only have to make one payment every month
The Cons of Chapter 13 Bankruptcy
As can be guessed, Chapter 13 bankruptcy also has its disadvantages. These are:
- A Chapter 13 bankruptcy only remains on their credit reports for seven years, but it will stay on the court’s records for as long as the Chapter 7 bankruptcy, 20 years
- It requires paying all late fees owed the creditors and paying the trustee’s fee
- Even though the debtor pays a large portion of their debts, they still suffer the negative consequences of having filed for bankruptcy
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