Bankruptcies are paid for by the person filing bankruptcy. The court fees and cost of an attorney are all required to be paid by the filer, as are any non-dischargeable debts that bankruptcy cannot clear. Discharged debts are not paid by anyone; they are absorbed as losses by the creditors.
Who Pays for Bankruptcies? FAQs
Bankruptcy is a legal proceeding in which a debtor declares their inability to pay back their creditors.
There are three common types of bankruptcy known as “chapters” in the U.S. bankruptcy code, Ch. 7, Ch. 11, and Ch. 13, each with varying criteria and consequences.
Chapter 7 is known as a liquidation bankruptcy. Most of your property will be sold to pay off your debts, then whatever debt in excess of the value of your liquidated property will be cleared.
Chapter 13 bankruptcy is a reorganization bankruptcy. With Chapter 13, you are able to keep your personal property and reorganize your debts to a payment schedule that enables you to pay back your creditors over time (often 3 to 5 years).
It is the debtor's responsibility to pay for any fees associated with filing for bankruptcy, such as attorney fees, court costs and administrative fees. The debtor may also be responsible for other charges related to the process, such as credit counseling or financial management courses.
True Tamplin is a published author, public speaker, CEO of UpDigital, and founder of Finance Strategists.
True is a Certified Educator in Personal Finance (CEPF®), author of The Handy Financial Ratios Guide, a member of the Society for Advancing Business Editing and Writing, contributes to his financial education site, Finance Strategists, and has spoken to various financial communities such as the CFA Institute, as well as university students like his Alma mater, Biola University, where he received a bachelor of science in business and data analytics.
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