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What Is Bankruptcy? Definition, Types and What You Need to Know

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What is Bankruptcy? Definition Types, What to Learn
Are you facing a mountain of debt and not getting any results? Bankruptcy may be the tool you need to climb over the hurdle.
By Sean Pyles Senior Writer | Personal financial and financial debt Sean Pyles leads podcasting at NerdWallet as the host and producer of NerdWallet's "Smart Money" podcast. The show "Smart Money," Sean talks with Nerds on the NerdWallet Content team to answer the listeners' questions about personal finance. With a focus on shrewd and practical advice on money, Sean provides real-world guidance to help people improve in their finances. In addition to answering listeners' financial concerns on "Smart Money," Sean also interviews guests who are not part of NerdWallet and creates special segments on topics such as the racial gap in wealth as well as how to get started investing and the history of college loans.
Before Sean was the host of podcasting for NerdWallet, he covered topics related to consumer debt. His work has appeared in USA Today, The New York Times and elsewhere. When he's not writing about personal finance, Sean can be found digging around his garden, going for walks, or walking his dog for long walks. He lives at Ocean Shores, Washington.





April 25 2022


Written by Kathy Hinson Lead Assigning Editor Personal finance, credit scoring, financial management and debt Kathy Hinson leads the core personal finance team at NerdWallet. Previously, she spent 18 years with The Oregonian in Portland in roles including copy desk chief and team editor and designer. Prior experience includes news and copy editing at many Southern California newspapers, including the Los Angeles Times. She earned a bachelor's degree in mass communication and journalism from Iowa's University of Iowa.







Many or all of the items featured on this page are provided by our partners, who pay us. This impacts the types of products we review as well as the place and way the product appears on the page. But, it doesn't affect our opinions. Our opinions are entirely our own. Here's a list of and .



The most important key
The bankruptcy process is a legal instrument to aid businesses and customers deal with debts that are too overwhelming. This is a lengthy process best handled with the help of an attorney.
Chapter 7 and Chapter 13 are the two most frequently used for consumers, while Chapter 11 is typically used for business purposes.
It may be a good idea to file for bankruptcy when your total debt that is not mortgage-related surpasses 40 percent of your earnings and your path to pay the debt is unclear.
Bankruptcy will hurt your credit and will remain with you for many years, however you can start to rebuild your score in as little as just a few months.
There are various debt relief options to consider such as one .

How do you define bankruptcy?
Bankruptcy is a legal process that offers relief for people who struggle to pay off the debts. Depending on the type of bankruptcy that's filed, consumers may be able to eliminate a portion of debt that is not secured or sign an arrangement for repayment with more favorable repayment terms.
The bankruptcy filing can stop the phone calls, debt litigations and . The process is complex and the hiring of an attorney is highly recommended however you're likely be able to see some areas of your finances improve within six months of filing. It is important to note that some debts like student loans as well as recent tax bills and child support generally aren't wiped out by bankruptcy.
What are the types of bankruptcy?
The two most commonly used types that are used for consumer bankruptcy . Chapter 11 bankruptcy is typically employed by companies.
Here's a overview:
Chapter 7 bankruptcy
Known as "liquidation" because the majority of non-secured debts are forgiven, is the fastest and most commonly used type of bankruptcy.
Best for: Consumers who have primarily unsecured debt like medical bills, credit card debt or personal loans.
Eligibility
You must pass the test, which will determine if you're eligible to apply for Chapter 7.
It is not possible to have had an Chapter 7 discharge or a Chapter 13 discharge in the last six years.
You cannot have filed a bankruptcy petition in the previous 180 days and it was dismissed due to your failure to appear in court or comply with any court order, or you voluntarily dismissed your own filing as creditors requested court relief to retrieve the property they held a lien on.

Chapter 13 bankruptcy
It is also known as a "wage earners" bankruptcy, restructures debts into a payment plan over the course of three or five years.
Ideal for: People with assets they would like to retain, like expensive jewelry, or secured debts they'd like to stay current , such as mortgages.
Eligibility
You need to earn a regular income.
Must be current on tax returns.
You are responsible for Chapter 13 within the last two years, or Chapter 7 within the last four years.
You are not able to have filed bankruptcy in the past 180 days and was dismissed due to certain circumstances for example, failing to attend court or follow the orders of the court.

Chapter 11 bankruptcy
Called known as a "reorganization" bankruptcy This chapter is usually employed by businesses and corporations.
The best option for companies that want to keep operating.
Eligibility
Do not have to have filed bankruptcy within the last 180 days and it was dismissed because you did not show up in court or to comply with any court order, or have voluntarily withdrawn your bankruptcy filing because creditors sought court relief to recover the property they held a lien on.

Is bankruptcy right for you?
Filing for bankruptcy is never an easy decision, and you'll have to weigh the pros and cons of the long-term effects on your debt and credit. But in general, if:
You see there is no way to pay off your debts within five years.
Your amount of debt (excluding any mortgage) is more than 40percent of income.
You're paying the most you can towards your debts, but aren't making progress.
In the event of debt, it is hindering you from reaching other financial goals, like investing for retirement.

If you're considering bankruptcy and want to know more, you can get free consultations with an attorney who specializes in bankruptcy, and to gain a better understanding of your financial situation and whether bankruptcy is the best option.
Do you need a bankruptcy attorney?
The short answeris yes.
The bankruptcy process is long and complicated process. One form improperly filled out could lead to the dismissal of your case. That means you'll need to wait six months before filing again. to guide you through the process and ensure that your documents are filled in correctly.
Beware when you're contemplating filing without an attorney: Bankruptcy data shows that only 1.4% of Chapter 13 bankruptcy cases filed without an attorney in 2012 received discharges, which means that the case was closed and the debts that were eligible paid off according to the Federal Judicial Center.
In Chapter 7 bankruptcy cases filed with an attorney in 2012 95% were resolved successfully, compared with two-thirds of cases that were filed without an attorney according to the data of the center.
Many bankruptcy lawyers will require to pay before filing, however you have options to help .
How long does bankruptcy stay on your credit report?
The filing for bankruptcy is the most destructive thing you can take to your credit score, because it can be extremely damaging to your credit score .
However, there's an opportunity to improve your credit could begin to improve after a few months of filing, and the change can be noticeable in particular in the event that you're already in delinquency on your obligations.
A 2014 report from the Federal Reserve Bank of Philadelphia discovered that people who filed Chapter 7 bankruptcy saw their scores rise from 538 on average and an average 600 on a scale of 300-850 when their case was discharged, which is usually within six months.
There are also ways you can aid .
Learn: Canadians?
What are alternatives to bankruptcy?
Based on the type and amount of debt you're in there may be other options alternatives to help you pay off your debt.
Utilize this calculator to investigate the options for debt relief, like a debt management plan from an agency that offers credit counseling to non-profit organizations Do-it-yourself strategies, consolidation and.
Know where every dollar gets spent
Look for ways you can spend your money on things you enjoy and spend less on things that you don't.









Author bios: Sean Pyles is the executive producer and host of NerdWallet's Smart Money podcast. His writing has been featured on The New York Times, USA Today and elsewhere.







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