Virginia | Bankruptcy
Legal Question
How do you know which type of bankruptcy you should file for?
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Read More Answered By: Daniel Press |
Consult with an experienced bankruptcy lawyer, who should be able to advise you. Generally, it depends on what you want to accomplish. If you want to cure a default on a secured claim (mortgage), or strip off a lien, you need to file Chapter 13 if you are eligible, or Chapter 12 (if you are a farmer), or Chapter 11 if your debts exceed the Chapter 13 limits. If you just want to discharge your debts and get a fresh start quickly, and don't need to strip liens or cure defaults, then a Chapter 7 may be better, if you meet the income qualifications (most people do). If you are a farmer, Chapter 12 may be for you, and if you have substantial real estate debt, or the debtor is a business entity that wants to reorganize, then Chapter 11 may be the only option. There are a number of other factors that go into this, so as I said, see an experienced bankruptcy lawyer. If you wish to discuss this with us, feel free to call or email. |
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