Definition Overview - Chapter 7 (liquidation) vs. Chapter (debt reorganization) Which to choose?

Why do they want/need to file? What trying to protect?  Exemptions
(income, future income, house, car, bank account, other assets)

Have they been sued? Where/When? What is the COURT DATE?
         (Automatic stay upon filing stops creditors – Chapter 7 and 13 – Emergency Practice Tips

Assets: What do they own? (Car, house, cash, other)
         What equity do they have in those assets? (Equity = Total value minus amount owed)

If they want to save a house: What is the payment? Behind? # months? Practice Tips/Special Rights
         Special note for Household & Beneficial Finance mortgages

Debt: Which types of past debt and roughly how much? (Business debts not covered here.)
          Major debts dischargeable? Non-dischargeable debts
          Immediate future debt? Cannot discharge debt after filing date     Tips Based on Type of Debt

Current Income - must have current, regular, disposable income to file Chapter 13
                            No income requirements - Chapter 7

File for bankruptcy before?
       YES - Chapter 7(liquidation)? Chapter 13 (reorganization)? Discharged? Date of discharge?

                Chapter  7 - Cannot file Chapter 7 if fewer than 6 years after filing date

                Chapter 13 - Can file again anytime if propose to pay 100% debt  

      Not sure of date - Search MD Bankruptcy records (.07 per page)
      No - Can file anytime

Eligible to file?  If no, see alternatives to bankruptcy
                          If YES - description of Chapter 7 process    Chapter 13 process  

                                                                                          When to choose Chapter 13 
 


Source: The Maryland Legal Assistance Network, updated by the Maryland State Law Library (MSLL).

Last Date of review:  5/13/08 (PLL/M.A.J.)

Is this legal advice? This site offers legal information, not legal advice.  We make every effort to ensure the accuracy of the information and to clearly explain your options.  However we do not provide legal advice - the application of the law to your individual circumstances. For legal advice, you should consult an attorney.  See our section on Finding Legal Help.

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