Chapter 7 New York Bankruptcy Law:
- Eligibility:
- Individuals and businesses can file for Chapter 7 bankruptcy.
- Certain income and asset limitations apply, and a means test is used to determine eligibility.
- Automatic Stay:
- Filing for Chapter 7 triggers an automatic stay, halting creditors’ collection actions, including foreclosures and wage garnishments.
- Liquidation:
- A court-appointed trustee may liquidate non-exempt assets to repay creditors.
- Many types of debts can be discharged, providing a fresh start for the debtor.
- Exemptions:
- New York has specific exemptions that allow debtors to protect certain property from liquidation, including homestead, personal property, and retirement accounts.
Filing for Chapter 7 bankruptcy is often the first choice for those who are seeking to declare bankruptcy. It’s relatively quick and painless, takes a few months to fully finalize, and you don’t have to pay anything to creditors. Filing for Chapter 7 bankruptcy can be helpful for people with minimal assets who only seek to keep the bare minimum for their daily lives.
If you have significant assets, Chapter 7 bankruptcy may not be the right avenue for you, as this form of bankruptcy requires you to sell off the bulk of your unnecessary luxury items to distribute the proceeds to your creditors in order to pay off your debt.
This includes additional houses, vehicles, personal items like jewelry and collectibles, and other luxury goods. There are no payment plan options for Chapter 7 bankruptcy. If you are behind on your loans, you could lose your home or car.
Chapter 13 NYC Bankruptcy Law:
- Repayment Plan:
- Chapter 13 allows individuals with a regular income to create a repayment plan to pay off debts over three to five years.
- Debtors can keep their property and catch up on missed mortgage or car payments.
- Automatic Stay:
- Similar to Chapter 7, filing for Chapter 13 triggers an automatic stay, providing relief from creditors.
- Debt Discharge:
- Debtors receive a discharge of remaining qualifying debts after successfully completing the repayment plan.
Filing for Chapter 13 bankruptcy is considerably different than Chapter 7. In Chapter 13 bankruptcy, you will have to repay your creditors some or all of what you owe them using a repayment plan over a span of three to five years. In this form of bankruptcy filing, you are able to keep your assets and stick to the repayment plan. You can catch up on your payments, possibly stop the foreclosure of your home and repossession of your assets, and force the creditors to commit to your payment plan.
The primary downside to Chapter 13 bankruptcy is it can get expensive. A good number of people may be unable to afford the monthly payments required to make this decision. Bankruptcy can wipe clean a good chunk of your debts, but not all of it.
Chapter 11 New York Bankruptcy Law:
- Business Reorganization:
- Chapter 11 is primarily used by businesses to reorganize and continue operations while repaying creditors.
- Individuals with substantial assets or complex financial situations may also file under Chapter 11.
- Debtor in Possession:
- In Chapter 11, the debtor typically continues to operate the business and act as a “debtor in possession” unless the court appoints a trustee.
- Creditor Committees:
- Creditors may form committees to participate in the reorganization process and negotiate terms with the debtor.
How long does bankruptcy take in NYS?
You have some work to do filing forms and dividing up property, but about a month later, your creditors will receive notice about a meeting where your liquidation plan is laid out and they have 60 days to object to any debts being discharged. In total, the process should take around four months to complete.
