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Filing chapter 13 bankruptcy

The following is not financial, bankruptcy, legal or tax or any other type of advice or counseling. Please contact a professional in the appropriate field to review your SPECIFIC situation.

What is involved in a typical Chapter 13 bankruptcy.

Chapter 13 bankruptcy, sometimes called reorganization bankruptcy, is quite different from Chapter 7 bankruptcy. In a Chapter 7 bankruptcy, most of your debts are wiped away; which many consumers find attractive, however in return, you must give up any property that isn't exempt from seizure by your creditors. In a Chapter 13 bankruptcy, you don't have to hand over any property, but you must use your income to pay some or all of what you owe to your creditors over time -- from three to five years, depending on the size of your debts and income. This is why many people who do not qualify for a Chapter 7 bankruptcy look at Bankruptcy Alternatives as a better solution. You can get a free consultation to avoid bankruptcy here

Chapter 13 Eligibility

Chapter 13 bankruptcy is not for everyone. Since Chapter 13 requires you to use your income to repay some or all of your debt, you'll have to prove to the court that you can afford to meet your payment obligations. If your income is irregular meaning its too low, the court might not allow you to file for Chapter 13.

If your total debt burden is too high, you are also not eligible. Your secured debts cannot exceed $1,010,650, (over a million) and your unsecured debts cannot be more than $336,900. A "secured debt" is one that gives a creditor the right to take a specific item of property (such as your house or car) if you don't pay the debt. An "unsecured debt" (such as a credit card or medical bill) doesn't give the creditor this right. This is also one of the main reasons a bankruptcy alternative program is effective. Credit card companies may not recover money due to them if a consumer files bankruptcy.

The Chapter 13 Process

Before you can file for bankruptcy, you must receive credit counseling from an agency approved by the United States Trustee's office. These agencies are allowed to charge a fee for their services, but they must provide counseling for free or at reduced rates if you cannot afford to pay.

In addition, you'll have to pay the filing fee, which is currently $274 Dollars U.S, and file numerous forms. This can take a great deal of time, cost and supervision from your lawyer.

A Chapter 13 Repayment Plan

The most important part of your Chapter 13 paperwork will be a repayment plan. Your repayment plan will describe in detail how you will pay off your debts, and more importantly how MUCH you will have to pay. There is no official form for the plan as each court has their own version.

How Much Will I Have to Pay Off in A Chapter 13?

Your Chapter 13 plan must pay some debts in full. These debts are called "priority debts," because they're considered sufficiently important to jump up to the front of the bankruptcy repayment line. Priority debts normally include child support and alimony, wages you owe to employees, and some tax obligations.

In addition, your plan must include your regular payments on secured debts, such as a car loan, boat loan, or mortgage, as well as repayment of any arrearages on the debts. An arrearage is the amount of money that you have fallen behind in your payments to creditors.

The plan must show that any disposable income you have left after making these required payments will go towards repaying your unsecured debts, such as credit card or medical bills. You don't have to repay these debts in full (or at all, in some cases). You just have to show that you are putting any remaining income towards their repayment. Again companies you have unsecured debts with are most likely last in line to recover their debts. This means they could lose everything that you owe to them, or at minimum you will have to pay them off over the next 3-5 years. They often like to work outside of court to reduce your debt and recover a portion of it quickly. This provides you a way to get out debt without a bankruptcy and them a way to recover a small portion of what they deserve easily. Get a debt reduction quote here

How Long Your Repayment Plan Will Last

The length of your repayment plan depends on how much you earn and naturally how much you owe. If your average monthly income over the six months prior to the date you filed for bankruptcy is more than the median income for your state, you'll have to propose a five-year plan. If your income is lower than the median, you may propose a three-year plan.

No matter how much you earn, your plan will end if you repay all of your debts in full, even if you have not yet reached the three- or five-year mark.

If You Can’t Make Plan Payments

If for some reason you cannot finish a Chapter 13 repayment plan.
For Example you lose your job a few months after starting the plan and can’t keep up the payments the bankruptcy trustee may modify your plan, or the court might let you discharge your debts on the basis of hardship.

If the bankruptcy court won’t let you modify your plan or give you a hardship discharge, you might be able to convert to a Chapter 7 bankruptcy or ask the bankruptcy court to dismiss your Chapter 13 bankruptcy case (you would still owe your debts, plus any interest creditors did not charge while your Chapter 13 case was pending).

 

I Don't Want to Give Up and File Chapter 13 Bankruptcy!

If you would rather avoid the stigma, cost and stress of a Chapter 13 bankruptcy but you need to eliminate a large amount of debt you do have a legal and effective option.

A Professional Debt Negotiation Team Could:

  • Reduce Your Debts By Up to 50% or more*
  • Eliminate the Debts within 12-36 months.
  • Reduce your monthly expenses by up to half.
  • Create a monthly budget you can afford to get out of debt.
  • You don't need a loan, to be a home owner of even have good credit.
  • You only need to take a couple minutes to see if your financial situation and debts can qualify. Which is FREE.

Read all about Debt Negotiation Here:

OR

GET A FREE, LIVE CONSULTATION

Submit the request below to get a free, FULL consultation from a professional debt relief provider. Each consultation gives you answers you can act on:

  • Full session for you to ask all your questions.
  • Costs of debt relief programs.
  • Impact of debt relief programs.
  • If your qualified for a debt relief program.
  • Amount your debts could be reduced by.
  • When you will be debt free.
  • Much more..

There is no obligation to use any debt relief solution that might be suggested. If you need time to think, or don't like any solution simply thank your counselor and say goodbye. There is absolutely no cost.

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