Filing for bankruptcy can be overwhelming, especially if you've never been through the process before. Stein, Farmer & Associates can provide you with a bankruptcy attorney in Lawton, Oklahoma City or Tulsa, Oklahoma. Joshua L. Farmer, Attorney at Law will stand by your side throughout the entire process.
We practice federal bankruptcy law in federal courts located in the northern and eastern districts of Texas and all of Oklahoma, including the western, northern and eastern districts.
Call our law firm today to schedule an appointment.
When you're drowning in debt and need a way out, you have a couple different options, including Chapter 7 and Chapter 13 bankruptcy. Filing for bankruptcy allows you to pay back your debt either immediately or over time.
Here are a few differences between Chapter 7 and Chapter 13 bankruptcy:
CHAPTER 7 & 13
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CHAPTER 7 BANKRUPTCY
What is a Chapter 7?
Chapter 7 bankruptcy, also called liquidation, is the most common type of bankruptcy and completely eliminates your dischargeable debt forever. Individuals or businesses who are granted Chapter 7 bankruptcy discharge have proven to the Bankruptcy Court that they have no realistic way to repay their debt over the course of the next three to five years.
When Chapter 7 bankruptcy relief is awarded, the debtor is legally excused from having to repay any unsecured debts, and most debtors are able to keep all properties. Typically it takes about four months after the case is filed in the Bankruptc y Court, for a Chapter 7 bankruptcy case to be discharged.
Certain types of debts cannot be eliminated through Chapter 7 bankruptcy including student loans, child support, alimony, and most taxes.
Successive Chapter 7 Cases- If you received your first discharge under a Chapter 7, you cannot receive a second discharge in any Chapter 7 case that is filed within eight years from the date that the first case was filed.
CHAPTER 13 BANKRUPTCY
What is a Chapter 13?
An individual or a business who does not qualify for Chapter 7 bankruptcy, may qualify to file a Chapter 13 petition in the Bankruptcy Court, which allows individuals to pay their debts in a plan over three to five years with zero interest. Debtors may pay only a percentage of their debts and get a complete discharge at the end of the term of the plan, depending on the available disposable income after necessary living expenses, and the value of their non-exempt assets and personal property. Chapter 13 Bankruptcy is also helpful to individuals who want to save their house or other real property from foreclosure sale. Chapter 13 Bankruptcy allows individuals to resume their monthly mortgage payments and cure the default in the mortgage payment in a plan, through monthly payments spread over a three to five year period.
In most situations you will need to wait four years from the date of receiving your Chapter 7 discharge to receive a discharge through Chapter 13. This is usually not a problem since it can take between three and five years to be eligible for discharge through Chapter 13. It is also possible to file Chapter 13 bankruptcy immediately after obtaining a Chapter 7 discharge if you are seeking relief from foreclosure and have had no bankruptcy cases dismissed in the year before filing. You can only file Chapter 7 every 8 years. Under the amended Bankruptcy Code, you can file a second Chapter 13 within two years of filing a previous Chapter 13.
Successive Chapter 13 Cases- If you received your first discharge under Chapter 13, you cannot receive a second discharge in any Chapter 13 case that is filed within two years from the date that the first case was filed.