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Bankruptcy is a legal proceeding in which an
individual who cannot pay his or her bills can get a fresh financial start. The right to file for bankruptcy is provided by federal law, and all bankruptcy cases are handled in federal court. Filing bankruptcy immediately stops all of
your creditors from seeking to collect debts from you, at least until your debts are sorted out according to the law.
Filing a bankruptcy is a complicated procedure with many pitfalls and traps that can result in the denial of your discharge. It is strongly suggested that you obtain proper counsel to guide you through the complicated procedure.
Chapter 7 vs. 13
Chapter 7 is known as "straight" bankruptcy or "liquidation." It requires a debtor to give up property wich exceeds certain limits called "exemptions", so the property can be sold to pay creditors.
Chapter 13 is called "debt adjustment" or "debt reorganization". It requires a debtor to file a plan to pay debts (or parts of debts) from current income.
Most people filing bankruptcy will want to file under either chapter 7 or chapter 13. Either type of case may be filed individually or by a married couple filing jointly.
In most cases you will not lose your home or car during your bankruptcy case as long as the equity in your property is fully exempt. Even if your property is not fully exempt, you will be able to keep it if you pay its non-exempt value to creditors in chapter 13.
Our firm will help you every step of the way to preserve your property and give you a fresh start.
For more information: read the "Bankruptcy Basics" pdf document below or watch the on the right.
* Bankruptcy Basics (pdf)
Disclaimer: the pdf document and videos on this page are published by the U. S. Courts and are reproduced here for informational purposes only. Pontchartrain Law Center is not providing legal
advice. A consultation appointment is required to assess your unique situation.