Is Chapter 13 a Better Option than Chapter 7 Bankruptcy?

TRI Writer • September 28, 2020

It can be challenging to decide if it is better to file Chapter 7 or Chapter 13 bankruptcy. Both types of bankruptcy have advantages and disadvantages. Depending on your financial situation, one may be more beneficial for you and your family. If you aren’t sure which type of bankruptcy would be best, consider some of each type’s advantages and disadvantages.

Is Chapter 13 More “Responsible” and “Admirable?”

Many bankruptcy petitioners who seek out a bankruptcy attorney for help feel that filing Chapter 13 is better than filing Chapter 7 because they’re making an effort to pay back their debt; debt they knowingly took on and agreed to pay back. They feel that doing the right thing translates directly into “making an effort to pay back what they owe through a Chapter 13 bankruptcy.”

Do Creditors Look at Chapter 13 Bankruptcies More Positively?

In short, probably not. Many filers seeking information about filing Chapter 13 bankruptcy assume that financial institutions considering them for future credit opportunities will credit them for filing Chapter 13 and paying back a portion of their debt. They may even assume that doing so will mean a higher credit score post-bankruptcy than if they were to file a Chapter 7 bankruptcy ending in a debt discharge. In reality, it’s usually the opposite. When it comes to rehabilitating your credit post-bankruptcy, Chapter 7 is often the better choice because the timeline is so much shorter.

How Long Does Filing Bankruptcy Take?

Chapter 13 bankruptcy can last up to 5 years, and it isn’t easy to start repairing your credit until the process is complete. When seeking credit post-bankruptcy, most creditors will want to know if the bankruptcy is over; that is where they tend to focus. Typical Chapter 7 bankruptcy cases last only a few months from filing the petition to receiving a discharge. A Chapter 13 bankruptcy takes  up to 3 to 5 years because that is the length of the payment plan Chapter 13 petitioners must complete. The Chapter 7 is much faster.

Which Bankruptcy Stays On Your Credit Report Longer?

Both Chapter 13 and Chapter 7 bankruptcy are bankruptcies, and they are listed as just that on your credit report. But there is one significant difference. The Chapter 13 bankruptcy stays on your credit report for seven years, while the Chapter 7 bankruptcy discharge is listed on your credit report for ten years. Chapter 7 stays on your credit report three years longer than Chapter 13.

Many people, just like you, are struggling to make ends meet and turning to bankruptcy. If you are worried about rebuilding your credit score post-bankruptcy, you’re not alone. If you need to talk about your options and how to get a fresh financial start by filing bankruptcy, trust the experienced Tennessee and Georgia bankruptcy attorneys at Kenneth C. Rannick P.C. We can help you determine your best options. We help good people through bad times every day, and we can help you, too.

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Subchapter 5 Bankruptcy: Unlocking New Possibilities for Tennessee Residents

January 30, 2024
Are you a Tennessee resident facing financial challenges and considering bankruptcy? If so, you may have heard about a relatively new option called Subchapter 5 bankruptcy. But what exactly is Subchapter 5 and how does it differ from traditional Chapter 11 bankruptcy? More importantly, what benefits does it offer to individuals and small businesses?  In this blog post, we will explore the world of Subchapter 5 bankruptcy and shed light on its advantages for Tennessee residents. Whether you're a struggling entrepreneur or an individual burdened by overwhelming debt, understanding the potential benefits of Subchapter 5 can help you make informed decisions about your financial future. What is Subchapter 5 Bankruptcy? Subchapter 5 is a relatively recent addition to the United States Bankruptcy Code, specifically designed to provide a streamlined and cost-effective bankruptcy process for small businesses and individuals. It was created as part of the Small Business Reorganization Act (SBRA) in 2019, with the aim of increasing accessibility to Chapter 11 bankruptcy relief. The Benefits of Subchapter 5 Bankruptcy Simplified Process: One of the key advantages of Subchapter 5 is its simplified and faster bankruptcy process. Unlike traditional Chapter 11 bankruptcy, which can be complex and costly, Subchapter 5 offers a more streamlined approach that is better suited for small businesses and individuals. Retention of Ownership: Under Subchapter 5, business owners have the opportunity to retain ownership and control of their company while developing a repayment plan. This allows for greater flexibility and the ability to restructure debts without losing ownership interests. Reduced Plan Requirements: Subchapter 5 eliminates certain stringent plan requirements that are typically associated with traditional Chapter 11 bankruptcy. This simplification of the plan process makes it more accessible to small businesses and individuals. Debt Repayment Plan: Subchapter 5 allows for the development of a debt repayment plan based on the individual's or small business's disposable income. This plan spans over three to five years, making it more manageable and achievable for debtors. Creditor-Friendly Approach: Subchapter 5 encourages creditor participation and collaboration, promoting consensual resolutions and a more amicable environment. This can lead to increased cooperation, reduced litigation costs, and ultimately, a more successful restructuring process. Subchapter 5 vs. Chapter 11 Bankruptcy: Understanding the Difference While both Subchapter 5 bankruptcy and traditional Chapter 11 bankruptcy share some similarities, there are significant differences between the two. The primary distinction lies in the complexity, cost, and requirements associated with each option. Subchapter 5 offers a more simplified and accessible bankruptcy process specifically tailored to the needs of small businesses and individuals, while Chapter 11 is better suited for larger businesses with more complex financial structures. If you're a Tennessee resident grappling with financial difficulties, Subchapter 5 bankruptcy may provide a viable solution. Its streamlined process, reduced plan requirements, and debtor-friendly approach make it an attractive option for small businesses and individuals seeking relief from overwhelming debt. Before making any decisions, it's essential to consult with a qualified bankruptcy attorney who can guide you through the process and help determine the best course of action for your specific situation. Remember, bankruptcy is not a one-size-fits-all solution, and the outcome will depend on various factors. However, understanding the potential benefits of Subchapter 5 bankruptcy can empower you to make informed decisions about your financial future. At Kenneth C. Rannick, P.C., we specialize in bankruptcy law and can provide the guidance and support you need during challenging times. Contact us today to schedule a consultation and explore your options for a fresh start. Take control of your financial future with Subchapter 5 bankruptcy. Let us help you navigate the path to a brighter tomorrow.

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Filing for bankruptcy can be a scary and confusing decision, but it is a necessary step for individuals and businesses who are struggling with their finances. In Minnesota, one of the most common types of bankruptcy is Chapter 11 bankruptcy, which allows a business to reorganize its debts and continue operating while paying off its creditors. If you're considering Chapter 11 bankruptcy, it's important to understand how it works and what benefits it can offer. In this post, we'll delve into the process of filing for Chapter 11 bankruptcy, highlight its advantages, and discuss how you can get started.  1. Understanding Chapter 11 Bankruptcy Chapter 11 bankruptcy is a form of bankruptcy that allows businesses to reorganize their debts while continuing to operate. The goal of this process is to give businesses a chance to become profitable again by restructuring their debt payments. During Chapter 11 bankruptcy, a business is protected from creditors by an automatic stay that prevents them from pursuing collection activities. The debtor then works with a bankruptcy court and creditors to create a repayment plan that will allow them to pay off their debts over time. 2. Benefits of Chapter 11 Bankruptcy There are several benefits to filing for Chapter 11 bankruptcy. One of the primary benefits is that it allows the debtor to maintain control of their business operations while repaying their debts. This means that the debtor can continue to generate revenue and will not be forced to liquidate their assets to pay off their creditors. Additionally, Chapter 11 bankruptcy can give the debtor more time to negotiate with their creditors and reach a repayment agreement that is more favorable to them. 3. How to File for Chapter 11 Bankruptcy Filing for Chapter 11 bankruptcy can be a complex and time-consuming process, but it is possible with the help of a knowledgeable bankruptcy attorney. The first step is to file a petition with the bankruptcy court, which will initiate the automatic stay and prevent creditors from taking any further collection actions. Next, the debtor will need to provide the court with a comprehensive list of their assets, liabilities, and creditors. From there, the debtor will work with their attorney to create a repayment plan that is feasible and fair to all parties involved. 4. Working with a Bankruptcy Attorney Filing for Chapter 11 bankruptcy can be an overwhelming process, and it is important to work with a qualified bankruptcy attorney who can guide you through the process. A bankruptcy attorney can help you prepare and file the necessary paperwork, negotiate with creditors on your behalf, and create a repayment plan that is tailored to your unique financial situation. Additionally, an attorney can give you advice on how to protect your assets and maintain control of your business operations during the bankruptcy process. Filing for Chapter 11 bankruptcy can be a complicated and stressful process, but it can also be a valuable tool for businesses that are struggling with their finances. By reorganizing their debts and negotiating with creditors, businesses can get a fresh start and work towards profitability once again. If you're considering filing for Chapter 11 bankruptcy in Minnesota, it's important to work with a qualified attorney who can guide you through the process and help you achieve the best outcome.
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