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A Fresh Start

Bankruptcy law is governed by the United States Bankruptcy Code, which is contained in Title 11 of the U.S. Code, the Bankruptcy Rules of Procedure, the Federal Rules of Civil Procedure, and the Federal Rules of Evidence. 

There are Four Types of Bankruptcy Relief Available: 

  • Chapter 7

  • Chapter 11

  • Chapter 13

  • Chapter 12

Chapter 7 bankruptcy is the most common form of bankruptcy. It is used by individuals or couples who mainly have consumer debt. Sometimes a business also files Chapter 7 bankruptcy. Simply put, Chapter 7 bankruptcy wipes out your debt, except for certain types of debt that are considered priority debts or debts that you may want to re-affirm, such as a mortgage or a car loan, in order to keep your property. 

Most of the time Chapter 7 bankruptcy will provide debt relief from these types of debt:

  • Credit Card debt

  • Civil Judgments

  • Medical Bills

  • Unsecured Loans

Here are some examples in which Chapter 7 bankruptcy will not allow debt relief from: 

  • Alimony

  • Child Support

  • Unpaid Taxes

  • Student Loans

  • Secured Loans

  • Mortgage

  • Car Loan

Chapter 13 bankruptcy is for individuals who essentially need to restructure payments on some or all of their debt, and who either cannot or do not wish to file a Chapter 7 bankruptcy. Chapter 13 bankruptcies involve the creation of a payment plan which must be approved by the Bankruptcy Court and is overseen by a bankruptcy trustee (administrator). A Chapter 13 bankruptcy payment plant generally lasts between three and five years. 

Chapter 11 bankruptcy is similar to a Chapter 13 bankruptcy, except that it is strictly for people engaged in business. Chapter 12 is a specialized bankruptcy for family farmers. 

Harriette P Levitt represents people only on Chapter 7 bankruptcies. If her clients need another type of bankruptcy, such as Chapter 13, she will recommend that they see a lawyer who specializes in that area of law. 

If you have any questions or concerns regarding a Chapter 7 bankruptcy, please contact our Law Office. The reach us by phone, call: (520) 624-0400 or use our contact page to drop us a note.