Choosing Wisely: Chapter 7 or Chapter 13 Bankruptcy
In Oklahoma, mentioning the word 'bankruptcy' can evoke a range of emotions—panic, relief and even shame. Nevertheless, bankruptcy is a legal pathway designed to give individuals a fresh financial start. While both Chapter 7 and Chapter 13 bankruptcy options offer a way out of debt, the two are distinct in approach and outcome. Given these significant differences, choosing the right type is paramount and this choice could be facilitated by consulting an Oklahoma-based Chapter 7 bankruptcy lawyer. In this article, we'll shed light on both these bankruptcy chapters to help you make an informed decision.
The ABCs of Chapter 7: Quick Liquidation
In legal circles, Chapter 7 is often called "liquidation bankruptcy." That is because the process involves converting your non-exempt assets into cash to repay your creditors. A court-appointed trustee will handle this asset liquidation. Chapter 7 offers a swift resolution, typically within 3 to 5 months, where many unsecured debts such as credit card balances, medical bills and personal loans can be completely discharged. A reputed Chapter 7 bankruptcy lawyer can help you understand it better.
The Not-So-Rosy Aspects of Chapter 7
For all its speed and efficiency, Chapter 7 is far from a perfect solution. This chapter can be disruptive as you might lose valuable assets such as your vehicle or home. Moreover, Chapter 7 leaves a significant impact on your credit score that lasts a whole decade. Thus, consulting with a Chapter 7 bankruptcy lawyer in Oklahoma is essential to assess if the risks are worth the benefits for your particular situation.
The Intricacies of Chapter 13: Structured Reorganization
Unlike Chapter 7, Chapter 13 or the "reorganization bankruptcy," permits you to retain your assets. You'll be tasked with following a court-approved payment plan, generally spanning 3 to 5 years. Upon completing this plan, any remaining unsecured debts might be discharged.
The Roadblocks of Chapter 13
Chapter 13 isn't a walk in the park by any means. The long-term plan often requires a stable income source to ensure successful completion. Also, not adhering to the payment schedule can lead to complications, including dismissal of your bankruptcy case. Given these complexities, seeking counsel is advisable.
When to Opt for Chapter 7 or Chapter 13?
Your unique financial circumstances will be the deciding factor in selecting between Chapter 7 and Chapter 13.
Scenarios Favoring a Chapter 7 Filing by Chapter 7 Bankruptcy Lawyer
Chapter 7 could be your go-to option if your income is low and you possess few high-value assets. However, it's crucial to consult with an experienced Chapter 7 bankruptcy lawyer to verify you meet the Chapter 7 "means test," which examines your financial capacity to repay your debts.
Scenarios Favoring a Chapter 13 Filing
If you have a steady income and wish to protect valuable assets from liquidation, Chapter 13 might be the better fit. It's also worth considering if you're behind on your mortgage and looking to catch up on payments to avoid foreclosure.
Empower Your Financial Future with Reneau Law Group
Are you ready to take the first step toward financial stability? At Reneau Law Group, we're not just lawyers but your partners in reclaiming your financial future. With a team of experienced Chapter 7 bankruptcy lawyers, you can confidently navigate the complexities of Chapter 7 and Chapter 13 bankruptcy. Our mission is simple: to provide tailored legal solutions that align with your unique circumstances. Say goodbye to the burden of debt and the stress it brings.
**Disclaimer: The above article does not imply a relationship between attorney and client, nor does it aim to provide any legal advice.