It is important to remember that bankruptcy is not the best solution for everyone in debt. If you are thinking about filing for bankruptcy, be sure to make an informed choice.
To start a bankruptcy, you file a petition with the Bankruptcy Court. You can file for different kinds of bankruptcy
What is Chapter 7 bankruptcy?
Chapter 7 bankruptcy is also known as "straight bankruptcy." It is the most common type of bankruptcy and is usually the simplest. In a Chapter 7 bankruptcy, you can keep certain exempt property. Non-exempt property is turned over for sale to pay creditors. Most, but not all, debts are discharged in a Chapter 7 bankruptcy, meaning that you are no longer legally obligated to pay the discharged debts. Six years must expire from the date of a straight bankruptcy filing before another straight bankruptcy can be filed.
What property is exempt under a Chapter 7 bankruptcy?
In Montana, there is an exemption for $250,000 for equity in a homestead and $2,500 for equity in a motor vehicle. In addition, exempt property can include household furnishings, personal property, professional tools, and life insurance. All of these exemptions have value limits. If you own property worth more then the specified value, you must sell any property over that value as part of the bankruptcy. Many people only have exempt property and therefore do not have to sell any property to pay creditors during their Chapter 7 bankruptcy.
What is Chapter 13 bankruptcy?
Chapter 13 bankruptcy is also known as "debt adjustment." It may be an option for you if you have a regular income but are unable to pay all of your debts. Under Chapter 13 bankruptcy, the Bankruptcy Court approves a plan for you to pay your debts in installments over an agreed upon time period. Under Chapter 13, you can generally keep all of your property for as long as you continue to pay the installments.
Are there other types of bankruptcy an individual can file?
Yes. In addition to Chapter 7 and Chapter 13 bankruptcies, individuals may file for business reorganization under Chapter 11 of the Bankruptcy Code or for family farm bankruptcy under Chapter 12. You should consult with an attorney to determine whether these types of bankruptcies are available and appropriate for you.
Things to consider before filing for bankruptcy:
- If you only have a few debts, it may be advisable to contact your creditors to work out a payment plan with them, rather than filing for bankruptcy.
- Bankruptcy can negatively affect your credit history for ten years, so you might have trouble getting new credit, a mortgage, a job, insurance, or a rental dwelling.
- Not all debts can be discharged by bankruptcy. You will still have to pay child support and alimony, student loans, income taxes from recent years, certain fines and penalties like traffic tickets, and certain other debts.
- Bankruptcy generally cannot discharge any secured debts you may have. Secured debts are those debts for which property guarantees the loan. For instance, a vehicle financing loan is a secured debt for which your car serves as the collateral.
- If creditors are harassing you, federal and state fair debt collection laws can help you protect yourself from abuse and harassment by debt collectors.
- Any unsecured creditor, such as credit card companies and hospitals, must file a lawsuit against you in court to collect the debt if you do not voluntarily pay it. If they file suit against you, you will be served with copies of the court papers andcan appear in court to tell the judge your side of the story. The court will decide how much, if any, money you owe. A creditor cannot have you jailed for failure to pay a debt.
How will bankruptcy affect my credit?
Bankruptcy may appear on your credit record for ten years, making it harder for you to get credit during that time. On the other hand, since your credit rating is probably already poor if you are considering bankruptcy, filing bankruptcy actually may make it easier for you to obtain credit by discharging many of your former debts.
What is Consumer Credit Counseling Service?
Consumer Credit Counseling Service is a non-profit organization that can help you create a plan for managing and paying your debts. For more information, call 406-443- 1774 or 1-800-823-1429.
Bankruptcy Information and Services
The following resources can provide you with more bankruptcy information and/or assistance in filing for bankruptcy:
Montana Legal Services Association HelpLine
Provides free legal advice and referrals to people who are low income.
(800) 666-6899
Consumer Credit Council of Montana
A non-profit organization that can help you create a plan for managing and paying your debts.
(877) ASK-CCCS
State Law Library
Provides legal information to judges, attorneys, and the general public by providing reference and research assistance.
(406) 444-3660
http://www.lawlibrary.state.mt.us
Lawyer Referral and Information Service
Provides referrals and information to people seeking legal representation.
(406) 449-6577
Revised 7/08
