QUESTION

what is difference vetween chapter 7 chapter 11 chapter 13

Asked on Oct 29th, 2016 on Bankruptcy - Illinois
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1 ANSWER

Once we get beyond the generalities, there are specific findings and information that applies to each Chapter (as stated below).  It is really a question that does require legal analysis as to specific application, but there are some things unique to each Chapter that can be stated. Each Chapter has basic, shared obligations.  An examination (called a "1st meeting") is required in all Chapters.  All property and debts are to be listed.  The Petition is to be signed by the Debtor under penalties of perjury.  There also may be a requirement of the filing of a pre-filing Certificate of the non-preparation of a payment plan. A Chapter 7 is a complete BK. There is an income limitation to avoid high income debtors from filing, but any such statutory finding can be rebutted.  Such a BK is final quickly and generally without payment.  There is, if there are no unexempt assets, a keeping of all property without any turn-over [as it was all subject to various allowable exemptions].  A discharge would enter in about 4 months or so that would effect all creditors.  However, there may be something that you would like to keep, such as a vehicle, that has a lien; and a reaffirmation of that debt would then be sought from the Court to allow you to both pay debt and keep the property.  Any such reaffirmation does require court approval prior to the entry of any discharge order. A Chapter 13 is commonly known as a "wage earner's plan."  The income earned must be more than monthly expenses with the balance funding the Plan. There are, however, income restrictions (i.e. changing debt ceilings) that apply. If elgible, a Plan can last up to 60 months and requires monthly payments to a Trustee.  A Plan is proposed that, if made properly, will be granted by the Court and all parties are bound thereto.  This is typically used by people inelegible to file a BK7, need time to get their house payment current, or are protecting unexemptable assets. A good example is the payment of past due, non-dischargable taxes that stops both accruing interest and collection. A Chapter 11 is generally filed by businesses wishing to continue operations (as they cannot file a BK13).  Individuals that cannot meet the BK13 standards may elect to file a BK11.  A Plan is ultimately submitted for Court approval.  There are many unique situations here - the usage of a Debtor-in-possession account, the oversight of a Creditors committee, the drafting and approval of any Plan, the need for Court orders of employment, the existance of time constraints, etc. This is a complicated question as evidenced above.  Hopefully, the differences are clear, but the personal applicability should be discsussed with a knowledgable Bankruptcy attorney,
Answered on Oct 31st, 2016 at 1:15 PM

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