Bankruptcy in Delaware
Are you contemplating bankruptcy or hiring a bankruptcy attorney in Delaware? Are you tired of creditors calling for payments you can’t make? Maybe looking for a way to get out of debt and have you exhausted all other options? Then bankruptcy might be the solution you seek. It is a legal option that can erase a portion or all of your debts.
Types of Bankruptcy in Delaware
Bankruptcy is a legal process that helps individuals and businesses get a fresh financial start. It eliminates a portion of or all of their debts or financial liabilities. In Delaware, to be approved, individuals must prove they have a hardship that prevents them from staying current on their financial obligations. Keep in mind that not all debts qualify. Some liabilities, such as child support arrears, delinquent taxes, alimony, and student loans generally do not qualify for discharge. Consumers who find themselves falling behind in debt can file either Chapter 7, 11 or 13. To determine which option is right for you, you’ll need to assess your goals, assets, and income. You should also consider working with an experienced bankruptcy attorney.
Depending on how your case progresses, you may need to appear in front of the United States Bankruptcy Court for the District of Delaware.
Chapter 7 Bankruptcy
Many people find Chapter 7 to be the right solution for their circumstances because it provides them with the opportunity to start over financially. However, before filing for Chapter 7 bankruptcy, you should thoroughly assess your income and ability to repay what you owe. You should also speak with a bankruptcy attorney in Delaware who can help you to decide if a liquidation plan is right for you.
Typically, individuals approved for Chapter 7 lack stable income or have experienced a change in circumstances that has resulted in an inability to manage their debts. Though Chapter 7 erases debts, the tradeoff is you may have to give up certain possessions, such as your home, car or some other assets. However, once you file your petition, an automatic stay goes into effect that requires all collection activity against you like foreclosures and garnishments, to stop temporarily. However, the automatic stay does not prevent all collection attempts. For example, if you owe child support or restitution for a criminal case, you are still liable for those payments.
Part of qualifying for Chapter 7 is determining whether this filing is presumptuously abusive. That process involves the court determining if you make more than the median income for the state. If that doesn’t force a different type of filing, you will submit the information that proves whether you are solvent or not. The federal judicial system also requires proof that a debtor has participated in credit counseling. As of 2021, the United States Bankruptcy Court for the District of Delaware provides a list of dozens of approved agencies to contact.
Chapter 11 Bankruptcy
Chapter 11 bankruptcy is more complex than other types of bankruptcy. It is often used by businesses and certain types of people. It allows petitioners to restructure their debts with a reorganization plan, so they are easier to manage over a determined length of time, usually four to 18 months. The main benefit of Chapter 11 bankruptcy is that it does not require petitioners to sell off or liquidate their assets to pay what they owe. It does allow debtors to negotiate with their creditors a reorganization plan that enables them to stay current on their debts moving forward.
After you’ve provided the essentials, the court will expect the submission of notices related to this bankruptcy. For example, there’s the Notice of Chapter 11 Bankruptcy Case or Plan of Reorganization for Small Business. While the former is necessary for anyone, the latter is only for a struggling Delaware company.
Chapter 13 Bankruptcy
Chapter 13 Bankruptcy is a debt restructuring or wage earners plan. In Delaware after you file, the courts will assign a trustee to examine your liabilities and assets and ability to pay bills. Unlike other types of bankruptcy, Chapter 13 involves you restructuring your debt with a three to five-year repayment plan. The flexibility of this repayment plan will depend on what property you want to keep and how steady your income is. It may also give you the opportunity to have some or most of your debts discharged.
Chapter 13 begins with completing a Voluntary Petition for Individuals Filing for Bankruptcy. Since approval hinges on approving your proposal to repay debts, a Chapter 13 Plan is a form that needs to be flawless. Along with your financials and game plan, the courts ask for a Calculation of Your Disposable Income.
The Bankruptcy Process in Delaware
There is never an ideal time to declare bankruptcy. However, if you are unable to pay off what you owe within five years, filing for bankruptcy can help you to lessen the negative impact on your situation and help you get back on track.
In Delaware to begin the filing process, gather all of your financial records, including monthly expenses, debts, assets and annual income. This information is crucial to give the courts an accurate picture of your circumstances. Failure to provide all necessary information can result in your petition being denied.
Delaware law outlines several possible exemptions for bankruptcy and insolvency. Up to $125,000 of the value of your homestead or manufactured home can receive an exclusion, for example. Other items like cars, wages, and personal property like family pictures also remain yours. You can even choose up to $500 in a wildcard selection of anything other than tools of your trade.
At least six months before you file for bankruptcy, eliminate unnecessary spending. Do not run up the balances on your credit accounts. You’ll also need to complete an approved credit counseling course, usually online or over the phone. Credit counseling is necessary to help you learn financial literacy and help you learn better financial habits. Once you complete the course, you’ll receive a certificate of completion to include in your filing. If you don’t have the certificate of completion from the credit counseling course that you took, the courts will reject your bankruptcy petition.
Work With an Experienced Delaware Lawyer
Hiring a local bankruptcy lawyer in Delaware during this process can help reduce the costly risks of self-representation in court. An experienced bankruptcy lawyer understands state and federal bankruptcy laws. He or she can help you understand which laws apply to your case, especially which debts that can be discharged or can’t be discharged. An experienced Delaware attorney can also offer you guidance to improve the outcome of your case.
Keep in mind that there are debt management alternatives and financial resources that may benefit you more than bankruptcy, such as debt consolidation. Though bankruptcy is an attractive solution, it is best as a last resort. Do you need immediate help? Then one of our experienced lawyers in Delaware can guide you through the entire bankruptcy process. We can even help you connect with an attorney across Delaware state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!