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BANKRUPTCY SERVICES
EASY FAST PERSONAL
CHAPTER 11 - REORGANIZATION
USUALLY USED FOR BUSINESS, BUT CAN BE USEFUL FOR INDIVIDUALS IN SOME CASES
VERY POWERFUL - ALLOWS RESTRUCTURING OF ALMOST ALL SECURED DEBT
CREDITORS GET TO VOTE, CAN FORM COMMITTEES
PLAN CONFIRMATION USUALLY REQUIRES NEGOTIATION WITH CREDITORS
EXPENSIVE AND TIME CONSUMING - $50K-$100K IN FEES, NUMEROUS HEARINGS
PERVASIVE U. S. TRUSTEE OVERSIGHT PENDING CONFIRMATION - MONTHLY REPORTS - QUARTERLY UST FEES
3-5 YEAR PLAN WITH CONTINUING U.S.TRUSTEE OVERSITE
CHAPTER 13 - PERSONAL WAGE EARNER REORGANIZATION
PERSONAL - BIG CORPORATIONS NEED NOT APPLY
DEBTORS USUALLY CAN KEEP ALL THEIR ASSETS
DEBTOR MUST HAVE SUFFICIENT INCOME TO LIVE, PAY SECURED CREDITORS, PAY UNSECURED CREDITORS SOMETHING
SIGNIFICANT DEBT LIMITATIONS - $1,010,650 IN SECURED DEBT; $336,900 IN UNSECURED DEBT (IN 2011)
PLANS GENERALLY RUN 3 - 5 YEARS
CAN CURE DEFAULTS AND FORCE SECURED CREDITORS TO CONTINUE TO FINANCE DEBTOR
OFTEN USED TO SAVE RESIDENCE IF CREDITOR WILL NOT REAFFIRM MORTGAGE UNDER CH. 7
A SIMPLE CH 13 FILING IN NH COSTS ABOUT $4,000
CHAPTER 7 - LIQUIDATION
"the workhorse"
RELATIVELY FAST - IN AND OUT ABOUT IN 6 MONTHS
RELATIVELY INEXPENSIVE - SIMPLE FILING IN NH COSTS ABOUT $2,000
DEBTORS NEVER NEED DEAL WITH CREDITORS EXCEPT FOR REAFFIRMATIONS
MUST QUALIFY UNDER "MEANS TEST" - BASED ON MEDIAN FAMILY INCOME FOR STATE OF RESIDENCE
NH MEANS TEST LIMITATIONS AS OF 3/15/11 - 1 PERSON $52,500; 2 PERSONS $63,750, 3 PERSONS $83,589; 5 PERSONS $98,500
NH EXEMPTIONS ALLOW MOST PERSONS TO KEEP MOST OF THEIR ASSETS
HUSBAND & WIFE FILING TOGETHER PAY ONLY ONE FILING FEE BUT GET DOUBLE EXEMPTIONS
NH EXEMPTIONS - EACH PERSON GETS $100K FOR HOMESTEAD, $4K AUTOMOBILE, $5K TOOLS OF TRADE, $8K WILDCARD,
100% RETIREMENT ACCOUNTS,