September 8,2023 Blog

September 8,2023 Blog

Understanding Bankruptcies

Important information pertaining to bankruptcies.


Chapter 7

A Chapter 7 bankruptcy is also referred to as a no-asset bankruptcy. Usually, the petitioner has no assets to repay the debt and any assets available are sold and divided by the
Trustee.

 

What Should I do after I receive a Chapter 7 notice?

  • Cease all collection efforts on the account.
  • Review the notice for the schedule of creditors.
  • If a sale of assets notice is received, file a proof of claim to the appropriate bankruptcy court.
  • Review final notice of bankruptcy for final discharge of the debt.

Chapter 13

A Chapter 13 bankruptcy allows individuals
to repay their debts and avoid Chapter 7 by
making periodic payments to a trustee over a
period of 3-5 years. After completion of the
plan, the remained of debts still owed are
discharged. Historically, creditors can expect
15-40% of the debt repaid before the full debt
is discharged.

 

What should I do after I receive a Chapter 13 notice?

  • Cease all collection efforts on the account.
  • File a proof of claim with the appropriate parties
  • Schedule of creditors and repayment schedules are received by the creditor. Document the repayment schedule and wait for payments, if any, form the trustee on the case.

Chapter 11

A Chapter 11 Bankruptcy allows companies an “automatic stay” to protect itself from creditors. It permits a business to continue day to day operations while allowing the company
to prepare a reorganization plan to pay outstanding creditors.

What should I do after I receive a Chapter 11 notice?

  • Cease all collection efforts on the account.
  • File a proof of claim with the appropriate parties
  • Court approved plan is voted on by the creditors.

Wisconsin Section 128 Debt Amortization

A Section 128 is not a bankruptcy. It is a Wisconsin statue that provides an “automatic stay” from creditors like a bankruptcy. The petitioner is obligated to repay 100% of the
debt within a 1–3-year period.

What should I do after I receive a Section 128 notice?

  • Cease all collection efforts on the account.
  • Contact trustee to include all amounts owed to
    the creditor. A proof of claim form may not be
    needed to file; however, creditors may be asked
    to fill out a claim form to verify a outstanding
    balance.
  • Schedule of creditors and repayment schedules are received by the creditor.

Follow us on Facebook and LinkedIn to see what we are up to!


facebook

linkedin
Mark Bucher