One great advantage of Chapter 13 Bankruptcy over Chapter 7 Bankruptcy is Debtor's right to possess assets that are not protected under the California exemptions.
Under a Chapter 7 Bankruptcy, the trustee can liquidate or confiscate assets that are beyond the protection of the California exemptions. You can only have so much assets in a Chapter 7 Bankruptcy. Be warn bankruptcy is not a Do-It-Yourself project, especially if you own a home, real estate, or business. Too much equity in a home beyond the limitation of the California exemption can result in a sale of your home by a Chapter 7 Bankruptcy Trustee.
In Chapter 13 Bankruptcy, you may keep all assets despite their value because Chapter 13 Bankruptcy is a repayment plan based on disposable income and value of assets. Generally if you own more assets beyond the scope of the California exemption, you pay more into the Chapter 13 Bankruptcy plan, which funds are distributed to your creditors.
In Chapter 13 Bankruptcy, you may sell or dispose of your assets with court approval and the Chapter 13 Bankruptcy trustee has no power to compel you to surrender your assets. Under Chapter 13 Bankruptcy, debtor has the right to use, lease or sell assets. 11 U.S.C. § 363.
A sole proprietorship can resume business under a Chapter 13 Bankruptcy without fear of the trustee taking over the business or liquidating business assets.
There are many advantages and disadvantages of different chapters of bankruptcy. Experienced Sacramento Bankruptcy Attorney Muoi Chea can help you navigate through the legal jargon and pick the right options to provide debt relief. Bankruptcy Attorney Offices are located in Sacramento, Stockton, and Fairfield, CA.