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Do Bankruptcies Come in Different Types? There are officially six separate categories of bankruptcy , each designated after a specific section of federal bankruptcy law. However, Chapter 7 and Chapter13bankruptcy are the two types of bankruptcy that are most frequently filed.
Bankruptcy Filing and Preference Payments When a debtor decides that the best way forward is filing bankruptcy, that’s not a decision that is undertaken lightly. To determine the best way to proceed, and whether Chapter 7 or Chapter13bankruptcy are right for you, you should meet with an experienced bankruptcy lawyer.
In response, the debtor filed for Chapter13bankruptcy, designating the HOA as a securedcreditor, and confirming he would pay the debt’s total arrears through his proposed plan and ongoing dues directly to the HOA. 1328(a).
After repossession, Denby-Peterson filed an emergency Chapter13Bankruptcy petition in the Bankruptcy Court for the District of New Jersey. She then notified her creditors of the filing and demanded return of the Corvette. The Third Circuit joined the Tenth and D.C.
However, if you file for bankruptcy, it can put a pause on debt collection, including actions by securedcreditors. How your debt is handled in bankruptcy will depend on which type you file.
That means that you must continue to pay on most secured debts to keep or hold onto the collateral. This is accomplished by entering into a reaffirmation agreement in a Chapter 7. This is a voluntary agreement between a securedcreditor and the debtor that re-obligates the debtor on the secured debt.
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