The FTC defines Bankruptcy as:
Personal bankruptcy generally is considered the debt management
option of last resort because the results are long-lasting and
far-reaching. A bankruptcy stays
on your credit report for 10 years, and can make it difficult to
obtain credit, buy a home, get life insurance, or sometimes get a
job. Still, it is a legal procedure that offers a fresh start for
people who can't satisfy their debts. People who follow the bankruptcy
rules receive a discharge — a
court order that says they don't have to repay certain debts.
There are two primary types of personal bankruptcy:
Chapter 13 and Chapter 7. Each must be filed in federal bankruptcy
court. The filing fees run about $185 for Chapter 13 and $200 for
Chapter 7. Attorney fees are additional and can vary.
Chapter 13 allows people with a steady income to keep property,
like a mortgaged house or a car, that they otherwise might lose.
In Chapter 13, the court approves a repayment plan that allows you
to use your future income to pay off a default during a three-to-five-year
period, rather than surrender any property. After you have made all
the payments under the plan, you receive a discharge of your debts.
Known as straight
bankruptcy, Chapter 7 involves liquidation of all assets that
are not exempt. Exempt property may include automobiles, work-related
tools, and basic household furnishings. Some of your property
may be sold by a court-appointed official — a trustee — or
turned over to your creditors. You can receive a discharge of your
debts through Chapter 7 only once every six years.
Both types of bankruptcy may get rid of unsecured debts and stop
foreclosures, repossessions, garnishments, utility shut-offs, and
debt collection activities. Both also provide exemptions that allow
people to keep certain assets, although exemption amounts vary. Note
that personal bankruptcy usually does not erase child support, alimony,
fines, taxes, and some student loan obligations. And unless you have
an acceptable plan to catch up on your debt under Chapter 13, bankruptcy usually
does not allow you to keep property when your creditor has an unpaid
mortgage or lien on it.
Source: http://www.ftc.gov/bcp/conline/pubs/credit/kneedeep.htm