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What’s the Difference Between Chapter7 and Chapter 13? Put simply, Chapter7 is a liquidation while Chapter 13 is about reorganization. In the case of a Chapter7bankruptcy , the court appoints a trustee who is in charge of selling off (liquidating) a debtor’s non-exempt assets.
It is important for creditors and their advisors to carefully review “first day” motions in order to know how their rights may be affected, and take action as appropriate. A creditor may need to file an objection to requested first-day relief to protect its rights. He can be reached at (313) 965-9038 or jwalton@fraserlawfirm.com.
Consumers in Chapter 10 can file one or more plans, including (1) a “Residence” plan, which addresses mortgages on consumers’ principal residences; (2) a “Property” plan, which addresses debts secured by other property; and (3) a general repayment plan, which addresses unsecured debts, such as credit card, medical, and student loan debts.
There are officially six separate categories of bankruptcy , each designated after a specific section of federal bankruptcy law. However, Chapter7 and Chapter 13 bankruptcy are the two types of bankruptcy that are most frequently filed. Not all financial issues can be resolved through bankruptcy.
In some cases, the assets or secured interest is something a creditor voluntarily agrees to in a lien; in other cases, the lien may be involuntary. Examples of Secured Debts. Common examples of secured debts include: Home loans Car loans Cash loanssecured by other personal property Judicial Liens Tax Liens.
Refinancing typically lowers monthly payments and interest rates in exchange for lengthening the timeframe of the loan. Some creditors will accept equity and/or other concessions in exchange for debt forgiveness. Regardless of how it’s restructured, creditors often choose this route to protect their investments. Noteholders.
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