There are four types of bankruptcy cases
provided under the law:
- Chapter 7 is known as "straight"
bankruptcy or "liquidation." It
requires a debtor to give up property which exceeds certain limits
called "exemptions", so the property can be sold to
pay creditors.
- Chapter 11, known as "reorganization",
is used by businesses and a few individual debtors whose debts
are very large.
- Chapter 12 is reserved for family farmers.
- Chapter 13 is called "debt adjustment".
It requires a debtor to file a plan to pay debts (or parts of
debts) from current income.
Most people filing bankruptcy will want to file
under either chapter 7 or chapter 13. Either type of case may
be filed individually or by a married couple filing jointly.