Chapter 13 bankruptcies involve reorganizing debts that have been acquired by individuals. Chapter 13 allows a debtor to receive help through the court with establishing a repayment plan to their creditors. To begin the reorganization of your debts, you must file a petition with your local court. Under a Chapter 13 bankruptcy, you must agree to pay your creditors over a 3 to 5 year period. You will find out how much is to be paid back to your creditors after you file. Most of your debts can be forgiven if you file for Chapter 13.
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Do I Qualify?
When you file, you'll have to provide a statement of your income, assets, debts, and other obligations. Debtors must have enough income available in order to file.
How Long a Bankruptcy Stays On Your Credit Report
A Chapter 13 bankruptcy will stay on your credit report for 7 years. During this time, you will not be able to obtain credit without getting permission through the court.
The Benefits of a Chapter 13 Bankruptcy
While this option takes longer than Chapter 7, it provides many additional benefits. Chapter 13 bankruptcy can help you eliminate most or all of your debts, stop foreclosures, wage garnishments, and repossession. Chapter 13 can also help you reduce or eliminate interest, principal, and penalties. The main benefit of filing for bankruptcy under Chapter 13 is that it allows people to keep their properties. There are also debts that can be eliminated under a Chapter 13 that cannot be discharged under other chapters.
Your Debt Re-payment Plan
Once agreements have been made in regards to how much money you will have to repay to your creditors, you will have to start making payments within 45 days of the judgment. You will make payments to a court appointed trustee who then distributes your payments to your creditors.
Complete a Debt Counseling Program
As with each chapter, debtors must complete a debt counseling program within 180 days after filing for bankruptcy. You can find an approved debt counseling service by contacting your federal court.
Meeting With Your Creditors
After you file a petition with the court, you will receive notification about a meeting with a court appointed trustee and your creditors. The trustee will work with you and your creditors to negotiate a repayment plan.
Is Bankruptcy a Viable Option for You?
Chapter 13 bankruptcy is a viable option for individuals who make more than the median income level, but do not have enough money to pay off their debts in full. Before you file for bankruptcy, make sure you consult with an experienced Chapter 13 bankruptcy lawyer.
Your Chapter 13 bankruptcy lawyer will review the facts surrounding your case in relation to your goals and let you know whether filing Chapter 7 or 13 would be best for you. A Chapter 13 bankruptcy lawyer can also handle your bankruptcy case from beginning to end. No matter how hard your financial situation may be right now, attorneys are here to help.
Some people think that going bankrupt means selling all your assets, losing everything, and starting over from scratch. In reality, bankruptcy is designed to help people get out of debt and keep their assets. Remember that the goal of it is to provide you with a fresh, new start.
So if you're facing serious debt from medical bills or credit card balances, bankruptcy may be your only option. The process will free you up to enjoy life again without having to worry about paying all your debts off.
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