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  • Bankruptcy Process
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Faqs

Home » Faqs
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By Phillips Bankruptcy
In
Posted October 19, 2015

What’s the difference between Chapter 13 and Chapter 7 Bankruptcy?

The difference is quite simple. Chapter 13 involves consolidating your debt and paying it off over time.

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By Phillips Bankruptcy
In
Posted October 19, 2015

What is Chapter 7 discharge?

It is a court order releasing a debtor from all of his or her dischargeable debts and ordering the creditors not to attempt to collect them from the debtor. A debt that is discharged is one that [...]

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By Phillips Bankruptcy
In
Posted October 19, 2015

How does filing under Chapter 7 affect lawsuits and attachments that have already been filed against the debtor?

The filing of a Chapter 7 case usually stays or stops most lawsuits and attachments that have been filed against the debtor. A few days after a Chapter 7 case is filed, the court will mail a [...]

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By Phillips Bankruptcy
In
Posted October 19, 2015

May employers or government agencies discriminate against persons who file under Chapter 7?

It is illegal for either private or governmental employers to discriminate against a person as to employment because that person has filed under Chapter 7. It is also illegal for local, state, or [...]

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By Phillips Bankruptcy
In
Posted October 19, 2015

Under what conditions should a husband and wife both file under Chapter 7?

Both husband and wife should file if some of the debts to be discharged are owed by both spouses. If both spouses are liable for some of the debts and if only one spouse files under Chapter 7, [...]

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By Phillips Bankruptcy
In
Posted October 19, 2015

When is Chapter 13 preferable to Chapter 7?

Chapter 13 is usually preferable for the debtor who – (1) wishes to repay all or most of their unsecured debts and has the income with which to do so within a reasonable time, (2) has valuable [...]

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By Phillips Bankruptcy
In
Posted October 19, 2015

How does Chapter 13 compare with a private debt consolidation service?

Under Chapter 13, the court possesses powers to aid the debtor that private debt consolidation services do not have. For example, the court has the power to prohibit creditors from attaching or [...]

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By Phillips Bankruptcy
In
Posted October 19, 2015

How may secured creditors be dealt with under Chapter 13?

There are four methods of dealing with a secured creditor under Chapter 13: (1) they may accept the proposed plan, (2) they may be allowed to retain their lien and be paid the full amount of [...]

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By Phillips Bankruptcy
In
Posted October 19, 2015

May a self-employed person file under Chapter 13?

A person meeting the eligibility requirements may file under Chapter 13 if their business is not incorporated. A debtor who owns their own business is normally permitted to continue to operate [...]

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