Denver Bankruptcy

What is Chapter 13 Bankruptcy?
Chapter 13 is called “debt adjustment.” In a Chapter 13 case, you are required to make one monthly payment to the Chapter 13 Trustee, to repay some portion of the debt you have. You file a “plan” showing how you will pay off some or all of your past-due and current debts over three to five years.  A Chapter 13 is used for individuals or couples with high income, tax problems or face foreclosure.

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What is Chapter 7 Bankruptcy
Chapter 7 is known as “straight” bankruptcy or “liquidation.” In a bankruptcy case under Chapter 7, you file a petition asking the court to discharge your debts. The basic idea in a Chapter 7 bankruptcy is to wipe out (discharge) your unsecured debts in exchange for your giving up certain property which exceeds certain limits called “exemptions”. “Exempt” property is property which the law allows you to keep when you file bankruptcy. In most cases, all of your property will be exempt .

But property which is not exempt is sold, with the money distributed to creditors. If you want to keep property like a home or a car and are behind on the payments on a mortgage or car loan, a Chapter 7 case probably will not be the right choice for you. That is because Chapter 7 bankruptcy does not eliminate the right of mortgage holders or car loan creditors to take your property to cover your debt.

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