Answer:
- Chapter 7 may be filed by an individual, a corporation, or a partnership. A Chapter 7 case may be referred to as a "Fresh Start," "Liquidation," or "Straight Bankruptcy." In Chapter 7, federal and/or state laws allow the individual debtor to claim certain property as exempt. A Chapter 7 Trustee is then appointed to collect and sell all property that is not exempt or mortgaged, and use the sale proceeds to pay creditors. An individual debtor can get a discharge for most or all of their debts in a Chapter 7 bankruptcy case. Corporations and partnerships do not receive a discharge. A discharge releases individual debtors from personal liability for some debts, and prevents the creditors owed those debts from taking any collection actions against the debtor.
The chapters outlined below require the confirmation of a plan of reorganization or liquidation. Individuals seeking to file under Chapter 11, 12, or 13 are cautioned that it is extremely difficult to obtain confirmation of a plan without an attorney.
- Chapter 9 of the Bankruptcy Code provides for reorganization of municipalities (which includes cities, towns, villages, counties, taxing districts, municipal utilities, and school districts).
- Chapter 11 is the reorganization chapter frequently involving a corporation or partnership, but can also be an individual. A Chapter 11 debtor proposes a plan of reorganization to keep its business alive and pay creditors over time.
- Chapter 12 is for use by "family farmers" or "family fishermen" with "regular annual income." It enables financially distressed family farmers or fishermen to propose and carry out a plan, which must be approved by the court, to repay all or part of their debts. A certain portion of the Chapter 12 debtor's income must come from the operation of a farming or fishing business. In Chapter 12, a trustee receives the plan payments and also monitors the debtor's farming business operations while the case is pending. Once the plan payments are complete, the Chapter 12 debtor receives a discharge of some debts.
- Chapter 13 is the debt repayment chapter for individuals with regular income, which may be referred to as a "wage earner's plan." Corporations and partnerships cannot file under Chapter 13. Chapter 13 generally allows a debtor to keep property and pay debts over time, usually three to five years. A Chapter 13 debtor proposes a repayment plan, which must be approved by the court. The plan payments are made to the Chapter 13 trustee, who distributes the funds to creditors. Once the plan payments are complete, Chapter 13 debtors receive a discharge of some debts.