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Chapter 7 and Chapter 13 bankruptcy are the most commonly filed types of bankruptcy, likely because they're available to individuals. Other types of bankruptcy apply to businesses, individuals and other entities. Here's what to know about each bankruptcy option.
Key Takeaways. Types of debt that cannot be discharged in bankruptcy include alimony, child support, and certain unpaid taxes. Other types of debt that cannot be alleviated in bankruptcy include debts for willful and malicious injury to another person or property.
A notice of bankruptcy case and court-issued notices are sent to the creditors of the individual, corporation, or other entity that has filed for bankruptcy protection. Entities can use the Bankruptcy Noticing Center (BNC) to have notices delivered either: Electronically, or. By mail.
A bankruptcy proceeding is a legally authorized procedure that a bankruptcy case follows through the court system which consists of approving arrangements for the repayment of debts to relieve the debtor of their liability to creditors.
A cramdown occurs when a court ignores creditor objections and approves a debtor's reorganization plans, as long as the plan is fair and equitable. If a court finds the reorganization plan acceptable but a creditor does not, the court may force the creditors to accept the terms. This is called a ?cram down.?
A Notice of Bankruptcy is sent to creditors after one of their debtors files a petition with the court attempting to claim bankruptcy. After receiving the notice, the creditor must take certain steps to protect their interest in the money they are owed.
Upon filing, the court will assume legal control of your debts and any property not covered by your New Mexico exemptions. A trustee will be appointed to your case by the court. The job of the trustee is to see that your creditors are paid as much as possible.
Usually when you get the bankruptcy notice you will get a claim form to fill out. It is a relatively simple form, and it will include instructions concerning where to send it once you have filled it out.