Chapter 7 Bankruptcy can help you eliminate certain types of unsecured debt including medical bills, credit card balances, unpaid rent, and personal injury judgments. Your monthly income and expenses will help determine if you are eligible for Chapter 7 Bankruptcy or if Chapter 13 is applicable to your situation. Under Chapter 7, you may be able to keep your home and other assets.
Chapter 13 Bankruptcy allows you to consolidate your debts into a monthly payment plan you can afford to pay over a three- to five-year period. Given certain guidelines, it offers you the opportunity to restructure debts that are not eligible for discharge, such as IRS tax debts, child support payments, and student loans.
Chapter 13 generally permits you to keep your home, car, and other property by repaying creditors out of future income. Debtors receive a complete discharge after completion of their payment plan.
A mortgage lender takes possession of the property because the borrower has not made payments on interest or principal for a period in this process. After the lender takes back the property, it usually sells at a discounted price to recover the amount lost on the mortgage loan.
This legal procedure is a drastic measure for collecting a debt and requires a court order that allows the creditor to collect through the individual's employer. Bankruptcy attorneys can advise you on the best, legal action needed to stop a garnishment of your hard-earned wages.
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