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Chapter 7, Chapter 11, and Chapter 13 bankruptcies differ primarily in their structure and intent. Chapter 7 focuses on liquidating assets to eliminate most debts, while Chapter 13 allows individuals to reorganize debt with a repayment plan, enabling them to keep their property. Chapter 11 primarily serves businesses seeking to restructure their debts in order to continue operations. Each option has unique benefits suited for different financial situations, and USLegalForms provides resources to help you choose wisely among Chapter 11, Chapter 7, and Chapter 13.
Unlike other types of consumer bankruptcy, Chapter 11 bankruptcy does not strictly define what will happen to debts. Certain types of debts (such as student loans, unpaid child support, and unpaid taxes) are not dischargeable, so if these are part of the bankruptcy, the plan must include a way to pay those back.
Everyone who files for Chapter 7 or Chapter 13 bankruptcy must answer questions at a "341 meeting of creditors" or "creditors meeting." During the meeting, the bankruptcy trustee appointed in your case will ask questions about your assets, including income and expenses, previous property transfers, and future ...
The first considers whether the filer's income is below the Chapter 7 income limit, which is the median in the state where the petition is filed. If income is less than the median for the prior six months and there is no reason to assume it will soon increase, the test is passed, and the Chapter 7 filing can proceed.
What Are the Disadvantages of Filing Chapter 11? Chapter 11 bankruptcy is the most complex of all bankruptcy types. It is also usually the most expensive. For a company that is struggling to the point where it is considering filing for bankruptcy, the legal costs alone might be onerous.
But when it comes to Chapter 11 vs. Chapter 13, the biggest difference is that Chapter 13 allows someone with regular income to make an adjustment to how they pay back some debts. Chapter 13 may be an option for individuals who fail the means test for Chapter 7.