Des Moines Chapter 13 Bankruptcy Attorneys

In this video, our Des Moines Chapter 13 bankruptcy attorneys explain the difference between Chapter 7 and Chapter 13 Bankruptcy and a zero percent plan. Chapter 7 bankruptcy involves liquifying all the debtor's assets, administering those funds to the debtor's secured and priority debts, and wiping out all the unsecured debt, non-priority debt. All of a Chapter 7 bankruptcy filer's debt is discharged after the bankruptcy process; however, she still has to pay priority debts such as child support, certain tax debts, and alimony. In Chapter 13 bankruptcy, the debtor agrees to a three- to five-year repayment plan that includes their unsecured debt, such as credit card payments and medical bills, and any arrearages on secured and priority debt. It's the most popular bankruptcy option for those who don't qualify for Chapter 7 or want to keep their home, car, or any other nonexempt property. A zero percent plan combines the benefits of not paying any money towards nonpriority unsecured debts with the ability to retain personal assets, such as a home and vehicle. A chapter 13 zero percent plan is only available to those that qualify for a Chapter 7 bankruptcy via the Mean's Test. Most Chapter 13 filers have higher incomes, and the filer must use any disposable income to pay unsecured nonpriority debts.

In this video, our Des Moines chapter 13 bankruptcy attorneys explain what bankruptcy means for you and how it depends on what type of debt you’re struggling with, how much you have and what you're willing to lose. You’ll have to determine what type of bankruptcy is best for your situation—this is a good conversation to have with a bankruptcy attorney—with the two main options being Chapter 7 and Chapter 13. Once you file for bankruptcy the automatic stay kicks in and most creditors will be prohibited from continuing to harass you for payment.

In this video, our Des Moines chapter 13 bankruptcy attorneys explain how involuntary bankruptcy is a legal process by which creditors can “force” an individual or business to enter into bankruptcy. The creditor must petition the courts to initiate the bankruptcy proceedings and the indebted party can file an objection to force a case. Having this option gives creditors some degree of protection against individuals or businesses who may otherwise take advantage of the business.

It’s rare that a business will petition for involuntary bankruptcy against an individual because the effort of getting enough money from one person versus the assets of a business is low, but it does still happen. The creditor may feel they won’t get any money out of the indebted party unless forcing them to enter into bankruptcy proceedings, and so the creditor must seek legal grounds in order to collect on the debt. Involuntary bankruptcy can’t be brought forward against an individual or business for any amount of money, the indebted party must have a significant amount of unmet debt. The amount of debt warranting a petition of involuntary bankruptcy is dependent on whether the debtor is an individual or business.