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Table of Contents

  1. What is the difference between Chapter 7  and Chapter 13 bankruptcy?                                                        

  2. Is my home protected ?
  3. Can I keep my vehicle(s) ?
  4. How soon can I file ?
  5. Why do I need an Attorney ?

 

 

 

What is the difference between Chapter 7 and Chapter 13 bankruptcy?

The most basic difference is that Chapter 7 is a complete dissolution of debts. Whereas Chapter 13 requires a manageable repayment in order to keep
some needed assets, such as your home and auto. 

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Is my home protected ?

This is dependent on your ability to pay and the type of bankruptcy you and your attorney decide is best for you.

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Can I keep my vehicle(s) ?

This also depends on your particular situation. This will depend on the amount of equity in the vehicle. If the vehicle(s) are financed it will depend on
whether the payment is affordable and maintained by the client.

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How soon can I file ?

Certain criteria must be met in order to file. Federal laws require some sort of consumer credit course to be completed. It is very much dependent 
on your ability to provide all documents and the payment of fees required. Your attorney should be able to move your case in a very timely manner
providing you can provide all documents necessary.

 

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Why do I need an Attorney?

 Bankruptcy is a legal remedy, which if proceeding without an attorney could result in losing substantial property or other rights 
if one is not familiar with the laws and how to protect themselves. 

  An experienced bankruptcy attorney can be of substantial value to a debtor in protecting their assets and rights in the process.  
People can proceed in bankruptcy without an attorney.   However, they must be able to navigate through the state and federal 
laws to protect themselves.  Debtors can seek the assistance of a document preparation service, or paralegal.  However, 
these services are limited to document preparation and cannot give legal advice.  

  Once a case in bankruptcy is filed, the debtor can only deal with the result.  If a Trustee in Bankruptcy identifies an asset for 
liquidation it is not likely that a debtor can merely ask to be dismissed because they do not like the result.  It is best to proceed 
after having full knowledge and information on a debtor’s particular circumstances to prevent surprises or other hardships. 

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Copyright © 2007  [Reliable Attorney Services]. All rights reserved.
Revised: November 05, 2007 .