What is the difference between Chapters 7,11 and 13?
Chapter 7: Often called “liquidation” Chapter 7 is used by individuals, partnerships, or corporations who have no hope for repairing their financial situation. In Chapter 7, the debtor’s estate is liquidated under the rules of the Bankruptcy Code. Liquidation is the process through which the debtor’s non-exempt property is sold for cash by a case trustee and the cash is distributed to creditors. At the conclusion of this process, individual debtors receive a discharge of their dischargeable debts.
Chapter 11: Often called “reorganization” Chapter 11 allows corporations, partnerships, and individuals to reorganize their debts, without having to liquidate all their assets. In a Chapter 11 case, the debtor presents a plan to creditors which, if accepted by the creditors and approved by the Court, will allow the debtor to reorganize personal, financial or business affairs and again become financially productive.
Chapter 13: An individual with regular income who is overcome, but believes they cab repay their debts within a reasonable period of time, may file under Chapter 13 of the Bankruptcy Code. Chapter 13 permits the debtor to file a plan in which the debtor agrees to pay a certain percentage of future income to the Bankruptcy Court for payment to creditors. If the Court approves the plan, the debtor will be under the Court’s protection while repaying such debts.