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Chapter 20

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What is a Chapter 20?

The short answer isthere really is no Chapter 20 bankruptcy.  However, a technique has been developed whereby individuals who need the benefits of a Chapter 13, but for some reason (usually their total liabilities are above the debt limits) cannot file a Chapter 13.  Basically this technique involves the filing of a Chapter 7 bankruptcy, which discharges most, if not all, of the obligations.  Then a Chapter 13 bankruptcy is filed to repay the secured creditors, tax obligations, and any nondischargeable debts.  Thus, a Chapter 7 followed by a Chapter 13 is the so-called "Chapter 20" bankruptcy.  Attempting a Chapter 20 can be quite complex and is very risky if not done correctly.  Only an experienced bankruptcy attorney should attempt to use this technique.

For more information about bankruptcy, please call us at 408-294-6100, or e-mail us via info@sjconsumerlaw.com.  One of our attorneys will be able to answer any questions which you may have in greater detail.  Please remember that the foregoing information is of a general nature, and does not constitute legal advice.  The facts of each situation are unique, and we must discuss those facts with you before any advice can be given.

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Revised
May 28, 2004

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