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Which bankruptcy is right for me?

Well, generally, in a consumer based practice like ours, we file Chapter 7’s and Chapter 13’s for clients. Typically, we are bound by what's called the means test, a congressionally imposed test, that essentially determines whether or not someone has disposable income. When they do have disposable income, they're required to file a Chapter 13 and pay a portion of their debt back. A lot of people are confused and they think they have to pay everything back in five years and that's not the case, they just pay a portion of what's affordable.

And then a Chapter 7, if you don't have disposable income, a client would usually file a Chapter 7. Sometimes, there's differences with respect to assets they might be keeping as to which chapter, so it's important to see an attorney to determine what can be kept, if you have to pay for what you're keeping, and which Chapter to file and how to file.


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