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- The Statements and Opinions expressed on this page are general in nature, and the Answers and Opinions that our office would most likely give you.
You should also be aware that many of the Answers and Opinions expressed on this page represent our opinion and do not necessarily reflect the views of the entire legal community!Laws in different states may vary. Since we practice in Oklahoma the views in this segment reflect Oklahoma Law, and the law applicable in your state may be different.
You should not consider these Answers and Opinions as legal advice applicable to your particular case and circumstances.
In planning your affairs you should consult directly with an attorney of your choosing, acquainting him / her with all of the facts and circumstances which apply to you.
In planning your affairs you should always get a second opinion.
Bankruptcy is a remedy provided by Federal Law, Title 11, United States Code , to provide relief to debtors who have debts that they are unable to pay, generally because current debt exceeds current income.Upon filing of a Petition for Bankruptcy a restraining order is entered to stop creditors from pursuing the collection of the debt. The restraining order is called a stay. This stay order remains in effect until lifted by the Court.
There are four options available under the Bankruptcy Code.
Chapter 7 is the most common type of bankruptcy. Upon discharge all dischargeable debts under the Bankruptcy Code will be uncollectable, except those debts the debtor has specifically agreed to pay.
Chapter 11 is the type of bankruptcy typically for businesses where the debt is at least $1.5 million.
Chapter 12 is the type of bankruptcy typically for businesses where at least one-half of all income must come from farming.
Chapter 13 is like a debt consolidation loan where you make One monthly payment to the trustee who pays your bills for you.
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- Chapter 7 is designed for Debtors in financial difficulty who do not have the ability to pay their existing debts.
- Under Chapter 7 a trustee takes possession of all your property. You may claim certain property as exempt under governing law. In Oklahoma the exempt property is listed in Title 31, Sections 1, et seq.
The trustee then liquidates the non-exempt property and uses the proceeds to pay your creditors according to priorities of the bankruptcy code.- The purpose of filing a Chapter 7 case is to obtain a discharge of your existing debts. If however, you are found to have committed certain kinds of improper conduct described in the bankruptcy code, your discharge may be denied by the court, and the purpose for which you filed the bankruptcy petition will be defeated.
- Even if you receive a discharge, there are some debts that are not discharged under the law.
Therefore, you may still be responsible for such debts as certain taxes and student loans, alimony and support payments, criminal restitution, and debts for death or personal injury caused by driving while intoxicated from alcohol or drugs.- Under certain circumstances you may keep property that you have purchased subject to a valid security interest. Your attorney can explain the options that area available to you.
- The purpose of filing a Chapter 7 case is to obtain a discharge of your existing debts. If however, you are found to have committed certain kinds of improper conduct described in the bankruptcy code, your discharge may be denied by the court, and the purpose for which you filed the bankruptcy petition will be defeated.
Repayment of all or part of the debts of an individual with regular income.
- Chapter 13 is designed for individuals with regular income who are temporarily unable to pay their debts but would like to pay them in installments over a period of time. You are only eligible for Chapter 13 if your debts do not exceed certain dollar amounts set forth in the Bankruptcy Code.
- Under Chapter 13 you must file a plan with the court to repay your creditors all or part of the money that your owe them, using your future earnings. Usually the period allowed by the court to repay your debts is three years, but not more than five years. You plan must be approved by the court before it can take effect.
- Under Chapter 13, unlike Chapter 7, you may you may keep all your property, both exempt and non-exempt, as long as you continue to make payments under the plan.
- After completion of payments under your plan, your debts are discharged except alimony and support payments, student loans, certain debts including criminal fines and restitution and debts for death or personal injury caused by driving while intoxicated from alcohol or drugs, and long term secured obligations.
Our Office recommends that before resorting to the Bankruptcy Court For Relief under Chapter 13 that you first consult with Credit Counsellors, Inc. or some other similar organization that will attempt to workout payment arrangements with your creditors for a very small fee. |
Chapter 11 is designed primarily for the reorganization of a business but is also available to consumer Debtors. Its provisions are quite complicated, and any decision for an individual to file a Chapter 11 petition should be reviewed with an attorney.
Chapter 12 is designed to permit family farmers to repay their debts over a period of time from future earnings and is in many ways similar to a Chapter 13. The eligibility requirements are restrictive, limiting its use to those who income arises primarily from a family owned farm.
If you have a question of a general nature that you feel should be included in this segment, please let us know.
We also would like to receive comments and suggestions for better Answers.
Although we cannot give specific legal advice on the phone we are willing to answer questions of a general nature.
If your question is of general interest we may include your letter and our response as a part of our website.
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