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Types of Bankruptcies

There are 3 main types of bankruptcies; Chapter 7, Chapter 13 and Chapter 11. Generally speaking, a Chapter 7 bankruptcy is filed by individuals or corporations who need to extinguish their debts. If it is not done properly you can lose some of your assets, lose the right to have debts discharged, and/or cause the trustee to seek the return of payments you may have made to family or friends. A Chapter 13 bankruptcy is filed by individuals who need to reorganize their debts, save their homes and/or remove liens or second mortgages against their home. Chapter 11 reorganization is possible, but rare for individuals. They are very expensive, time consuming and require allot of commitment from the client. These are generally filed by businesses. Because we are located in a farming and fishing community, Chapter 12 is also a possibility. This type of bankruptcy is alot like a Chapter 13. Instead of making payments monthly they are made during the client's income producing season. I can help you pick the right bankruptcy for you.



During the bankruptcy case

Our services do not end with the filing of your case. In a Chapter 7 case if you want to keep your vehicles there are "reaffirmation agreements" which need to be processed. The "Statement of Intentions" must be served on your secured creditors. There is a "debtor education class" which must be completed and the certificate needs to be filed with the court in a timely manner. Sometimes additional information is required. These are just a few of the post petition services we provide. A Chapter 13 case could be as long as 60 months (5 years). The list of possible post confirmation services could fill a small booklet! Suffice it to say that Chapter 13 cases are complicated and you could lose important rights if the case is not handled by an experienced bankruptcy attorney.



After your discharge

Our services after your discharge are just as important as those we offer when your case is filed. When a discharge is granted a "discharge injunction" is imposed on your creditors. This injunction is supposed to prevent them from trying to collect discharged debts from you. It works most of the time, but not always. Creditors sell debt is massive portfolios on a frequent basis, it can change hands as often as you change your sox. It is entirely possible that years after your discharge some will be after you again on a discharged debt. If that happens, come back and see me. I will go after that creditor at no additional out of pocket expense to you.   In July 2009, we settled a case in which the creditor tried to collect from the debtor 17 years after her discharge!

Even if I did not do your bankruptcy, make an appointment to see me if vreditors are trying to collect debts that have been discharged.  Bring in any letters they have sent to you.






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Copyright © 2009, Janet A. Lawson, Attorney. All rights reserved.