Chapter 13 Bankruptcy

When someone files for bankruptcy under Chapter 13, their goal is to have the opportunity to repay some or all of the debts that they have acquired in their name. This is different from a Chapter 7 which uses asset liquidation to recover from the debt. Chapter 13 allows the debtor to use whatever income they may have in the future to pay off the creditors.

I shouldnt have to state that filing Chapter 13 Bankruptcy is great for someone that actually has a steady income, and can afford to ask for payment adjustments, or reductions.

The United States Bankruptcy Code gives the debtor a time span of 5 years to pay off your debts. While the attorney who represents you will safeguard your interests, the entire process is carried out under the supervision of the courts.

While debtors are allowed to keep all of their property that is considered an asset, the court has to pre-approve a new interest-free plan for repayment of the debt. A written plan will be created that will outline all of the expected transactions, and the expected duration.

The repayment must begin within thirty to forty-five days after the case has started. You will not have to deal with the transitory stage of having a middle man do the payment like you will get in Chapter 7 Bankruptcy. Although in some cases people may involve a trustee who would take care of paying out the money to the creditors if they want to.

According to the law, the creditors must strictly stick to the repayment plan that is approved by the court and they cant collect any claims from the debtor personally. Your attorney will prepare new repayment plan that best works for you.

The one advantage of Chapter 13 over Chapter 7 Bankruptcy is the full discharge option that is not available in chapter 7. For example, if a debtor manages to complete all of their payments that are set up in the plan, he/she is given a full plan discharge. Also repayment can be created even if creditors disagree with it, as long as it is approved by the Court.

To be eligible for chapter 13 bankruptcy, you must have a regular income. There are a few other items needed for filing a Chapter 13 Bankruptcy. Just ask your lawyer to explain them.