081214_YKMV_A2.pdf
August 12, 2014 • Page 2
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Dave Says
Chapter 7 vs. Chapter 13
BY DAVE RAMSEY
Dear Dave,
What’s the difference between a
Chapter 7 bankruptcy and
Chapter 13 bankruptcy?
—Claudia
Dear Claudia,
Chapter 7
Dave
bankruptcy is
what most people
think about when
they hear the
word “bankruptcy.” It’s total bankruptcy,
almost like dropping an
atomic bomb on your entire
financial picture.
Virtually all of your unsecured debt (except student
loans, child support and
money owed to the IRS) is
wiped out. These things are
not bankruptable. About 98
percent of the time, creditors of your other unsecured
debt - things like credit
cards and alike - get nothing.
Items that are secured debt,
such as your car or house,
are treated a little bit differ-
ently. If you’re
behind on payments, you may
be allowed to get
current. In most
cases, banks will
allow you to resign in a process
called reaffirming
the debt.
Chapter 13
bankruptcy is a
payment plan
structured over
five years. In it,
you have to pay
all of your secured
debt. If it has a lien on it,
you pay 100 percent to keep
the item. You also have to
pay a portion of your unsecured debt. Again - like in
Chapter 7 - debt to the IRS,
child support and student
loans don’t go away. For any
other unsecured debt, you
can pay a percentage of
what’s owed. An overall payment plan is developed, and
you make those payments
for five years.
I’m not a big fan of either
one.
—Dave
RAMSEY
100% MORTALITY RATE
Dear Dave,
Do you think it’s unreasonable to ask my 76-yearold husband to have a will
drawn up? He had one made
when we lived in Florida, but
we moved to Georgia. He
won’t do it, because he says
wills aren’t recognized in
Georgia.
—Cam
Dear Cam,
Wills aren’t recognized in
Georgia? Where did he get
his legal advice, in a bar or
pool hall?
Okay, let’s straighten this
out. The will he had drawn
up in Florida wouldn’t be
recognized in Georgia, but
he could have one made in
Georgia that would be
absolutely valid and legal.
Everyone: No matter where
you live, you need a will. If
you die without a will in
place, your family has to go
through the court and jump
through all sorts of hoops to
settle the estate. The
process can take several
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okay? No one is getting out
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to do with all your stuff after
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—Dave
* Dave Ramsey is
America’s trusted voice on
money and business. He has
authored five New York
Times best-selling books:
Financial Peace, More Than
Enough, The Total Money
Makeover, EntreLeadership
and Smart Money Smart
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