Individual debtors can file for bankruptcy under chapter 7 or chapter 13. However, before filing for bankruptcy, you need to find out whether you are eligible to file for it or not. Another important point to consider would be whether filing for bankruptcy is the best solution for you or you should consider any other alternate.
Bankruptcy filing is displayed on your credit report which might make it difficult for you to get fresh credit if you want to buy a new house or car. Moreover, there are several criteria that need to be fulfilled for a person to be eligible for bankruptcy. If you wish to find out the eligibility criteria for bankruptcy filing, you can ask for a free legal evaluation to weigh your options.
Once it is decided that bankruptcy is the best way to get rid of your debts, you need to find out which chapter of bankruptcy you can apply under. Individuals who have an average household income less than the state median can file for Chapter 7 while those with an average household income higher than the state median can consider Chapter 13 to repay your loans.
If you are able to qualify for Chapter 7, you might not have to pay your creditors anything; only your non-exempt property will be liquidated to pay some amount to the creditors. The process is completed within 4-6 months of filing bankruptcy papers and you get a bankruptcy discharge after that.
In case you file for Chapter 13 bankruptcy, you will be paying some amount of your debts to your creditor through a repayment plan devised on your disposable income. This process continues for 3-5 years depending on your debt. Any unsecured debts that remain after this time are discharged. Once you clear your debts, you can begin your life afresh.