Bankruptcy Protection

Bankruptcy offers protection to the aggrieved debtors. When an individual or a business entity is not in a position to pay off their debts then they file for bankruptcy protection. The kind of protection offered differs from chapter to chapter of the bankruptcy code. The bankruptcy protection offered to an individual is different from the bankruptcy protection offered to a business entity. Chapter 7, Chapter 11 and Chapter 13 are the chapters which offer bankruptcy protection. Chapter 7 and 13 provides bankruptcy protection to individuals and Chapter 11 offers bankruptcy protection to business entities. Individual debtors are relieved of their debt obligations by either complete discharge of debts or by restructuring their debt obligations and business entities are relieved as they are given a chance to prepare debt repayment plan and pay off their debts. 

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What is the difference between debt settlement and bankruptcy

The difference between debt settlement and bankruptcy is that, debt settlement is an out-of-court voluntary arrangement between a debtor and creditors. Bankruptcy, on the other hand is a legal proceeding in Federal court that can result in an order by a judge discharging liability.

What is meant by discharge in bankruptcy

The discharge in bankruptcy means a situation in which a bankrupt person or a company is legally free from any kind of obligation to repay the debt. In other words, it refers to a situation when the creditor no longer has any right collect an outstanding debt from the person declaring bankruptcy.

What is meant by redemption in bankruptcy

Bankruptcy redemption is an option in a Chapter 7 bankruptcy case which may permit a person to keep any of his assets that is acting as collateral for secured debt. Therefore the bankruptcy redemption essentially means that you will pay secured creditor the current value of the property securing a debt. Bankruptcy redemption is only an option if you actually owe consumer secured debt.

What are consumer debts

The consumer debts in bankruptcy are simple debts incurred by an individual primarily for a personal, family or a household purpose.

Do I have any recourse if the creditor’s claims in bankruptcy are not genuine

Yes, you have recourse if the creditor’s claims in bankruptcy are not genuine. The debtor is only obligatory to satisfy the promise which he made to the creditor or the contract which he entered into with the creditor. Hence, the creditor can never raise a claim which is more than that is actually owed by the debtor. And it is only fair when the debtor pays the genuine claims that are raised by the creditors. You can file an adversary complaint to remedy your grievance in this regard.

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