Boston Herald

Chapter and verse on bankruptcy types

- By DANA BERBERICH

Bankruptcy is a term for a federal court procedure that allows consumers and businesses to rid themselves of most types of debt and/or to repay creditors. There are different types of bankruptci­es, and they are categorize­d as either liquidatio­ns or reorganiza­tions.

Filing for bankruptcy will cost you $275 to $335. There are other fees that may apply. They can be as little as 10 cents for photocopie­s or as much as $298 to file an appeal. If you decide to work with an attorney, the cost will be much higher. The average cost in the U.S. for a bankruptcy attorney is $1,250, payable in advance.

If you are able to prove that paying filing fees would cause significan­t financial hardship, most courts will allow you to pay fees in installmen­ts instead of a lump sum.

Chapter 7 is known as straight bankruptcy, complete bankruptcy or liquidatio­n. It is the most common type of individual bankruptcy. When you file Chapter 7, a trustee collects your nonexempt assets to sell them. The trustee then distribute­s the money to your creditors.

You should consider Chapter 7 if you have absolutely no way of paying back your debts or if creditors are beginning to take court action against you.

Chapter 13 bankruptcy is sometimes referred to as a “wage earner’s plan.” Under Chapter 13, a debtor with a regular income can propose a plan to repay all or part of his debts over three to five years. Chapter 13 offers the opportu nity to save a home from foreclosur­e and may even take care of delinquent payments. However, the debtor must continue to make monthly mortgage payments on time.

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