Under what circumstances would Chapter 11 be used rather than Chapter 7?
Sebastian Wright
The main difference between Chapter 7 and Chapter 11 bankruptcy is that under a Chapter 7 bankruptcy filing, the debtor’s assets are sold off to pay the lenders (creditors) whereas in Chapter 11, the debtor negotiates with creditors to alter the terms of the loan without having to liquidate (sell off) assets.
What is a Chapter 11 trustee?
An official representative of a Chapter 11 debtor’s estate appointed by the court for the benefit of creditors to investigate the debtor’s financial affairs and run its business.
What happens at the end of a chapter 13 bankruptcy?
A Chapter 13 bankruptcy lasts anywhere from 3 – 5 years. At the end of the payment plan, any remaining unpaid debt is eliminated by a Chapter 13 bankruptcy discharge. To get the discharge, the filer has to complete the plan, which can sometimes be complicated by changing circumstances.
When to file for Chapter 13 debt relief?
When an individual cannot qualify for debt relief under Chapter 7 because of excessive income or other circumstances, that person may file for debt relief under Chapter 13. A Chapter 13 bankruptcy case is a repayment plan. When you file under Chapter 13, you propose a repayment plan for your debts.
Can you file another chapter 13 case after it is dismissed?
Whether you can file another Chapter 13 case immediately after a dismissed Chapter 13 depends on the reason why the Chapter 13 case was dismissed. If this wasn’t your first bankruptcy case in a short period of time, the bankruptcy court could prevent you from filing another Chapter 13 case for a specific period of time.
What happens to your refund if you owe taxes?
If you owe delinquent federal taxes, IRS will withhold the balance due from your refund and adjust your split refund direct deposits under the bottom-up rule discussed above. You will receive a letter from IRS explaining any adjustment(s) to your refund amount and direct deposit(s).