No on all sides. First C-7 IS a liquidation, C-11 is a reorganization. Recently it has become popular to file under C-11 and actually dissolve, like a C-7. It has some operational and functional advantages...and it used to be if you operated in C-11 for a while, trying to get the most for creditors even though you knew the end result would be dissolution, at some point you would convert to a C-7. Now that costly and time consuming step is frequently avoided. It is still fair to say that most C-11 are actual reorganizations, with some continuation of the business enterprise.
Yes, in most cases, a person can keep their cars when they file for Chapter 7 bankruptcy. It will ultimately depend on the bankrupt court.
There are six types of bankruptcy under the Bankruptcy Code, located at Title 11 of the United States Code: * Chapter 7: basic liquidation for individuals and businesses; * Chapter 9: municipal bankruptcy; * Chapter 11: rehabilitation or reorganization, used primarily by business debtors, but sometimes by individuals with substantial debts and assets; * Chapter 12: rehabilitation for family farmers and fishermen; * Chapter 13: rehabilitation with a payment plan for individuals with a regular source of income; * Chapter 15: ancillary and other international cases. The most common types of personal bankruptcy for individuals are Chapter 7 and Chapter 13. As much as 65% of all U.S. consumer bankruptcy filings are Chapter 7 cases. Corporations and other business forms file under Chapters 7 or 11. Source: http://en.wikipedia.org/wiki/Bankruptcy#Chapters
The most significant change to the 1978 statute concerns consumer bankruptcy under the Chapter 7 liquidation provisions.
There are a few advantages to Chapter 7 bankruptcy versus Chapter 13 bankruptcy. For one, Chapter 7 is usually a quicker process than Chapter 13, with typical cases lasting only a few months. In addition, with Chapter 7 bankruptcy most, if not all, of one's unsecured debt such as credit cards and personal loans is eliminated whereas Chapter 13 requires it all to be paid back. Lastly, most Chapter 7 filers keep most, if not all, of their property.
Most individuals who file for bankruptcy do so under Chapter 7, Title 11 of the US Bankruptcy Code. It is the most common form of bankruptcy in the United States. You can visit Wikipedia.com for basic information about straight bankruptcy, and www.uscourts.gov for more detailed, formal information. It is advisable to seek the assistance of an attorney, as bankruptcy cases can be complicated and lengthy.
Because the law requires you to. For most chapter 7 and 13 cases, the debtor has to file the documents in court, but never has to go to court.
The debts are still valid and creditors can continue with collection procedures including, in most cases, a lawsuit.
First consult a lawyer for which bankruptcy chapter you qualify for and let him/her assist you with the bankruptcy procedures as bankruptcy procedures are not the same in every case. Chapter 7 and Chapter 13 bankruptcies are the most common. For more information, visit these websites: http://howtodeclarebankruptcy.net/ and filepersonalbankruptcy.org/how-to-declare-bankruptcy/.
Chapter 7
Bankruptcy means someone is legally unable to pay their debts as agreed. The procedure of verifying someone truly is bankrupt can take up to 8 months in most cases, and those who have some assets will be required to pay back some or most of their debts over a 2- to 5-year time period. There are two major types of bankruptcy definitions that apply to consumers: Chapter 7 and Chapter 13.
In Chapter 7 bankruptcy, you would achieve the end ultimately faster, and basically be able to restart your financial life sooner. It is the most common form of bankruptcy and debts would be discharged months after filing the bankruptcy.
The most popular that I know if Chapter 11 which is rehabilitation or reorganization, used primarily by business debtors, but sometimes by individuals with substantial debts and assets. Chapter 12 is rehabilitation for family farmers and fishermen and Chapter 13 is rehabilitation with a payment plan for individuals with a regular source of income. Chapter 7 is basic liquidation for individuals and businesses; Chapter 9 is municipal bankruptcy; Chapter 15 is ancillary and other international cases.