You should always first consult an Arizona bankruptcy lawyer to get a thorough analysis of the type of bankruptcy filing that is most appropriate for your situation.
Chapter 7
The most common personal bankruptcy is a Chapter 7. In a nutshell, a Chapter 7 filing allows the debtor to discharge most debts, such as credit card bills and health care charges. A Chapter 7 is streamlined, procedurally simple, and the least costly. Your average basic “no-asset” bankruptcy will cost a debtor anywhere from $1,200 – $2,000 in legal fees for an experienced Arizona bankruptcy lawyer (which admittedly is not cheap for most people in financial distress). More complicated bankruptcies cost more.
In addition, a Chapter 7 will relieve the debtor from most liabilities. For example, if an Arizona foreclosure occurs on a debtor’s home, a Chapter 7 will prevent most junior home equity lenders from suing the debtor for any deficiency amount owed. As a side note, so long as the debtor’s mortgage was used to purchase the house, the mortgage lender is usually prohibited from suing the debtor for any deficiency amount, even without a bankruptcy filing(assuming that the Arizona “anti-deficiency statute” applies). Always consult with an Arizona real estate lawyer to determine whether your mortgage lender can sue you for any deficiency amount if a foreclosure has occurred or is pending. Continue reading ‘Differences Between Chapter 7 and Chapter 13 Bankruptcy’ »