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United States Bankruptcy Overview

United States Bankruptcy
Overview

United States Bankruptcy Overview

Chapter 7 Bankruptcy Chapter 13 Bankruptcy
Organization in charge united States Bankruptcy Court
Implemented year 1898
Eligibility a debtor who has no disposable
income and property
a debtor who has monthly
disposable income
Dischargeable debts all unsecured debts
¡Ø alimony, maintenance,
child support, some taxes not included
all unsecured debts
¡Ø alimony, maintenance,
child support, some taxes not included
(Education fund partially included)
Debt limits no limit unsecured debt limit : $419,275
secured debt limit : $1,257,850*
Repayment period - 3~5 years
Reduction and discharge of debt discharge after liquidation of nonexempt property the ¡°best interest of creditors¡±- pay at least the liquidated value of nonexempt property
Coverage of secured debt none
Legal effect order of court(final judgement)
Public record on credit report remains for 10 years from the filing date remains for 7 years from the filing date
  • *These Chaper 13 debt limits adjust every 3 years under Section 104(a) of the Bankruptcy Code.
  • * The next debt limit adjustment will occur on April 1, 2022.