Bankruptcy. It’s a scary word. Once upon a time those who claimed bankruptcy were seen as crooks, and the Statute of Bankrupts in 1542 was designed to prevent “crafty debtors escaping the realm”. But things are different now.
Bankruptcy is a terrific tool that allows individuals and businesses to solve their debt problems by either discharging them entirely or repaying them over time. Thousands of ordinary people take advantage of the bankruptcy process every year and the attorneys at Shoffner & Associates can help you decide whether one of the types of bankruptcy is right for you.
Each type of bankruptcy is named after a chapter in the Bankruptcy Code.
Chapter 7 is for an individual, or a business. The filing debtor surrenders certain assets and its debts of are discharged (or forgiven). Chapter 7 is for people who cannot afford to pay back their debts. People who file Chapter 7 can keep some of their assets. It may be everything they own, or it may not be. What they keep varies from state to state. Chapter 7 will not allow you to discharge tax debts or many types of student loans.
Chapter 9 is a reorganization for municipalities (cities).
Chapter 11 is a reorganization for corporations, or individuals with debts over a certain amount. The debtor works with the creditors to establish a plan to reorganize and it is particularly useful for businesses that have tax liabilities.
Chapter 12 is a reorganization for farmers.
Chapter 13 is a reorganization for people who have regular income and debts under a certain limit. This is the type of bankruptcy that most consumes files. It helps them keep some assets that they might not have been able to keep under Chapter 7. Using Chapter 13 helps people to reorganize their secured debts and tax liabilities and they pay back other debts over time.
The lawyers at Shoffner & Associates have been helping people make the most of the bankruptcy system for over twenty years. Come and visit us at our new location at 210 Washington Street in Woburn to find out how bankruptcy can give you the fresh start that you need.
Call 781-935-2149 email 11USC@shoffnerassociates.com
210 Washington Street in Woburn MA 01801