
Bankruptcy
Many view bankruptcy
as a negative method to resolve financial difficulties. But at
Conway & Seefeld we view bankruptcy as an effective tool to level the
playing field between creditors and debtors.
Bankruptcy allows debtors to readjust their obligations to creditors.
An individual can eliminate a portion if not all their debts through
bankruptcy. Although some debts can not be eliminated (child
support), most can (medical bills and credit card debt).
For individuals, there are effectively two types
of bankruptcy. A chapter 7 filing or a chapter 13 filing.
A Chapter 7 filing is primarily used by
individuals to free themselves of debt simply but inexpensively.
Here the bankruptcy trustee collects and sells all nonexempt property and
uses these funds to pay creditors. However, the debtor may elect
certain property to be exempt from this sale. As a result, the
debtor is able to discharge certain debts.
A Chapter 13 filing permits individuals who
desire to pay their debts but are currently unable to do so. The
purpose of chapter 13 is to enable financially distressed individual
debtors, under court supervision and protection, to propose and carry out
a repayment plan under which creditors are paid over an extended period of
time. Under this chapter, debtors are permitted to repay creditors, in
full or in part, in installments over a three year period, during which
time creditors are prohibited from starting or continuing collection
efforts.
The attorneys at Conway & Seefeld have helped
many individuals reorganize their financial obligations and start over
through bankruptcy.
For more information contact or schedule an
appointment with either:
Kenneth H. Conway
Rodney D. Seefeld
Misty
M. Muter |