Chapter 7, 11, 12, & 13 Bankruptcy
Understanding Which Path is Right for Your Financial Future
Which Chapter is Best for Me?
There are four primary chapters of the federal bankruptcy code under which an individual or business may file. Every case begins with a Bankruptcy Petition—a public document that provides a full disclosure of your assets, debts, income, and expenses. For Chapters 11, 12, and 13, you must also file a plan for financial reorganization.
At Krupp Law Offices P.C., we help you navigate these choices to ensure you retain the maximum amount of property allowed by law.
Chapter 7: Liquidation
Often called "Fresh Start" bankruptcy, Chapter 7 is designed for those unable to pay back their debts. It typically lasts about four months and results in a complete discharge of unsecured debts (like credit cards and medical bills).
- Secured Debt: You can usually keep your home or car if you continue making payments.
- Non-Dischargeable: Certain taxes, student loans, child support, and alimony generally cannot be eliminated.
- Cost: Attorney fees typically range from $900–$1,500, plus a court filing fee.
Chapter 13: Reorganization
Chapter 13 allows you to propose a 3-to-5 year plan to pay back a portion of your debt based on your ability to pay, not the total amount owed. This is often the best choice for those trying to stop a foreclosure or keep a vehicle with past-due payments.
- Advantage: Allows you to catch up on missed mortgage or car payments over time.
- Cost: Attorney fees are usually around $3,000 (often payable through the plan), plus a court filing fee.
Specialized Filings: Chapters 11 & 12
Chapter 11 (Business)
Primarily for business reorganization, allowing a company to stay operational while restructuring its debt. It is also available to individuals with very high debt levels.
Chapter 12 (Farmers)
Specifically designed for family-owned farms or commercial fishing operations to provide a path to debt relief tailored to their seasonal income.
Maximize Your Exemptions
The law allows you to protect significant assets. Current federal exemptions include up to $27,900 in home equity and $4,450 in vehicle equity. You may also choose Michigan state exemptions if they are more advantageous for your specific assets.
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Expert Guidance
With over 85 years of experience, we know how to find the right solution for you.
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