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BANKRUPTCY CODE.
OVERVIEW OF NEW MEXICO BANKRUPTCY
Bankruptcy Basics
Bankruptcy is an opportunity for a person, married couple, or business, can get a
“fresh start” on their financial situation. For many people and families that would
be burdened under debt for years, they are able to reorganize their lives and start
to build a solid future - to save for a house, an education, a vacation, or for their
children’s future. The process is divided into two types: liquidation under chapter
7 and reorganization under chapter 13.
Chapter 7 - Liquidation
Chapter 7 bankruptcy is called liquidation because an entire financial situation
is dealt with over a small time period - generally around three to four months -
after which, most common types of debt are no longer owed. Some exceptions to this
rule are for student loans and recent taxes. If a person owns an excessive amount
of property, the bankruptcy trustee has the option of selling off some of the persons
property to pay back some of the debt. A bankruptcy attorney is there to make sure
the maximum amount - often all - of a person’s property is protected and not taken
by the trustee. Protected property is considered “exempt” from the reach of the person’s
creditors, and would remain with the person after the bankruptcy process.
Chapter 13 - Reorganization
For individuals and families who have a substantial income, and therefore do not
qualify for a Chapter 7, the Chapter 13 bankruptcy is available. A chapter 13 bankruptcy
allows a person to keep all of their property, while making monthly payments over
a three to five year period. These payments will pay off some portion of their debt
and at the end of the time period, the remainder of the debts will be discharged.