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Chapter 7 is referred to as a “straight” bankruptcy or a “liquidating” bankruptcy. The trustee looks at the bankruptcy estate to find “non-exempt” assets which can be sold to pay debts. Your attorney will list exemptions, allowing you to keep most of, if not all of your property. The majority of Chapter 7 bankruptcies are “No Asset” bankruptcies, meaning there are no assets for the trustee to take and sell. You keep your property.
Chapter 13 is referred to as a “A Re-Organization of Debt for an Individual with a Regular Income.” The debtor keeps all his property because he is paying his debts under a court approved “Plan of Re-organization.” To fund the plan, the debtor must have sufficient excess income after the necessities of life are paid. These plans last for 3 to 5 years.
When you are injured due to another party's negligence, we provide you the representation that can help you obtain the compensation you deserve. We have extensive experience in negotiating and litigating personal injury claims, including any property damage claims and medical bills associated with your accident.
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