Bankruptcy Information

History of Bankruptcy

In ancient times, bankruptcy did not exist. If a man had debts that he could not repay, he, his wife, children or servants were forced into “debt slavery” until the debt was paid off.

In the Bible, every seventh year is decreed by Mosaic Law as a Sabbatical year when debts owed by members of the community were discharged. Every 50 years, during the Jubilee Year, debts for local citizens and foreigners were expunged; the release of all so-called debt slaves was also commanded.

Under the laws of Islamic teaching, according to the Qur’an, a bankruptcy person was allowed time to repay his debt. This is recorded in the Qur’an’s second chapter, which notes: “And if someone is in hardship, then let there be postponement until a time of ease. But if you give from your right as charity, then it is better for you, if you only knew.”

In present-day America, there are six chapters under which a person or business may file bankruptcy, the two most common of which are Chapter 7 bankruptcy and Chapter 13 bankruptcy.

Chapter 7 Bankruptcy

Chapter 7 bankruptcy, also known as basic liquidation or straight bankruptcy, is the simplest and quickest form of bankruptcy available. Chapter 7 bankruptcy is usually filed by those with few assets. Chapter 7 bankruptcy can eliminate most unsecured debt, including credit card balances, medical bills, most personal loans, judgments resulting from car accidents and deficiencies on repossessed vehicles.

In addition to eliminating your overwhelming debt, filing for Chapter 7 bankruptcy usually allows you to retain ownership of some of your property. If your vehicle and home mortgage payments are up-to-date and if you hold little or no significant equity in your property, you may be able to make arrangements to reaffirm the debt. When you file Chapter 7 bankruptcy, you will be protected from creditor harassment since creditors and their representatives are forbidden by federal law to harass you, your family and even your employer once bankruptcy proceedings have begun. Although filing for a Chapter 7 bankruptcy can remain on your credit report for up to 10 years, you can start reestablishing your credit soon after your bankruptcy discharge.

Our qualified bankruptcy attorneys have years of experience in all facets of Chapter 7 bankruptcy.

Chapter 13 Bankruptcy

Chapter 13 bankruptcy, sometimes called “reorganization”, calls for a payment plan for those who have a regular source of income and allows for a full or partial repayment of debts by the bankruptcy filer.  The debtor works with the bankruptcy court to achieve a plan to repay creditors within a 3-to-5-year period. This payment plan, which begins within 30-45 days after the bankruptcy case begins, defines how all debts and liens, as well as any assets will be handled. The Chapter 13 repayment plan must meet a few requirements, including the provision that all unsecured creditors will receive at least as much through the Chapter 13 bankruptcy as they would in a Chapter 7 bankruptcy. During this 3-5 year period creditors have no rights to the debtor’s property except through permission of the bankruptcy court.

As with the filing of any bankruptcy, a record of a Chapter 13 bankruptcy filing remains on your credit report for up to 10 years. However, it is still very likely that you will be able to qualify for a new credit card, mortgage or auto loan, with the permission of the bankruptcy court.

After speaking with your experienced bankruptcy attorney from Client First Bankruptcy, you will soon discover that filing for your Chapter 7 or Chapter 13 bankruptcy will open new doors to a more secure financial future for you and your loved ones. Call us today, toll-free at 800-383-6004.