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Chapter 13 Bankruptcy Temple Terrace

What is bankruptcy?

 A discharge releases the debtor from liability from dischargeable debts. Upon discharge, the debtor will no longer be legally liable to pay these debts. This discharge is permanent and prevents creditors from taking any action to collect the debt including communicating with the debtor in any manner (telephone, letters, personal contact, etc.) or taking any legal action. A creditor who attempts to do so will be found liable for violation of the post-discharge injunction and can be sanctioned accordingly. The penalties for creditors for violating the automatic stay or post-discharge injunction are severe.

What is the difference between a Chapter 7 and a Chapter 13 in bankruptcy?

A Chapter 7 bankruptcy is a total liquidation. The debtor in a Chapter 7 is entitled to keep certain exempt assets. All dischargeable debts are discharged. A Chapter 13 is a personal reorganization. Through a Chapter 13 bankruptcy, a debtor can reinstate a mortgage, reinstate automobile loans, strip down or eliminate mortgages and automobile loans as well as eliminate all dischargeable debt such as credit card debt, personal loans, lawsuits, medical bills, car accident liability, deficiency judgments for repossessed automobiles and foreclosed homes. However, in a Chapter 13 bankruptcy, a debtor must propose a Chapter 13 Plan. Under this plan, the debtor will be required to make payments to a Chapter 13 Trustee over a period of time such as 3 to 5 years. Sometimes if a debtor’s income is too high based on the median income for the state in which the debtor resides, the debtor may be required to file a Chapter 13 instead of a Chapter 7.

Call us today for a free consultation at (727) 254-1704

 


Carolyn Secor
 
 

 

The federal government passed new bankruptcy reform legislation in October 2005. However, don't be discouraged! Most studies indicate that the new law affects less than 15% of individuals who could have filed previously. If you are feeling overwhelmed by your debts and considering filing bankruptcy, it is highly probable that you fall into the category of the 85 percent of people who are still eligible to file.

 

 

 

"Serving Pinellas, Pasco, and Hillsborough Counties."

Carolyn Secor, Attorney at Law
Bankruptcy Attorney Tampa Bay Florida
Florida Law Firm with Offices in
Clearwater (Main Office) Tampa St. Petersburg Port Richey
Phone:  1-727-254-1704
www.bankruptcyfortampa.com

We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.

       
 
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