Filing Chapter 13 Bankruptcy – A Procedural Overview
March 31st, 2009 — 12:23 pmChapter 13 bankruptcy law is at times referred to as reorganization bankruptcy. It’s very different than Chapter 7 bankruptcy. In a Chapter 7 bankruptcy virtually all of your debts are cancelled out. But, you must give up any belongings that aren’t exempt from seizure by your creditors. Under Chapter 13 bankruptcy law, you aren’t required to give up any worldly property. But, you’re required to use your income to pay off some or all of what you owe your creditors. Your payments to creditors are made over time, typically from three to five years. The time parameter depends upon the amount of your debts and income.
Eligibility for Chapter 13 Bankruptcy
Chapter 13 bankruptcy isn’t for everyone. Chapter 13 bankruptcy law involves utilizing your income to pay back some or all of your debt. So, you’ll have to certify to the court that you’re able to fulfill your payment obligations. If your income is sporadic or too low, the court might not let you to file under Chapter 13 bankruptcy law.
If your entire debt burden is excessively high, you’re likewise unqualified to file under Chapter 13 bankruptcy law. Your secured debts can’t be more than $1,010,650. A “secured debt” is one that gives a creditor the ability to take away a particular piece of property (like your house or car) if you don’t pay off the debt. Your unsecured debts can’t be more than $336,900. An “unsecured debt” doesn’t allow your creditor the power to take your belongings. An example of an “unsecured debt” is a credit card or a medical bill.
The eligibility requirements of a Chapter 13 bankruptcy are covered in detail in Chapter 13 Bankruptcy: Keep Your Property & Repay Your Debts Over Time.
Starting a Chapter 13 Bankruptcy
Prior to filing a Chapter 13 bankruptcy, you must complete credit counseling from an agency sanctioned by the United States Trustee’s office. These agencies are allowed to charge a fee for their services. But, if you can’t afford to pay the fee, they have to provide reduced rate counseling and, in a few situations, free counseling.
Payment Plans In Chapter 13
The most crucial component part of your Chapter 13 bankruptcy paperwork is your repayment plan. It traces in detail how much money you’ll pay to each one of your debts. There’s no recognized form for the plan. But, almost all courts render their own forms. To learn more about Chapter 13 Bankruptcy repayment plans, read Chapter 13 Bankruptcy: Keep Your Property & Repay Your Debts Over Time.
How Much Will You Have to Pay
Your Chapter 13 plan must pay specific debts fully. These debts are called “priority debts” because they’re viewed significant enough to leap to the head of the bankruptcy repayment line. Priority debts include child support and alimony, wages you owe to employees, and certain tax obligations. Additionally, your plan must encompass your standard payments on secured debts.
The plan must establish that any income you have leftover after making these required payments will go toward paying back your unsecured debts. You don’t have to repay these unsecured debts in full. You just have to demonstrate that you’re giving any left over income towards their repayment.
How Long Is Your Repayment Plan
The length of your repayment plan turns on how much you make and how big your debts are. If your normal monthly income during the six months prior to the date you filed for bankruptcy is greater than the typical income for your state, you’ll need to propose a five-year plan. If your income is smaller than the standard, you may offer a three-year plan.
Regardless of how much you bring in, your plan ceases when you pay back each of your debts in full, even if you’ve not reached the three- or five-year mark.
What Happens If You Can’t Produce Plan Payments
If you encounter a job loss after embarking on a payment plan or detect that you can’t sustain the payments on your Chapter 13 bankruptcy plan, the bankruptcy trustee may alter your plan. It’s even possible that the court could allow for the discharge of your debts on the basis of hardship. Hardship may include the abrupt loss of a job due to a company closing down or a severe debilitating sickness. If the bankruptcy court won’t permit you to vary your plan or allow you a hardship discharge, you may be able to convert to a Chapter 7 bankruptcy.
How Does a Chapter 13 Case Conclude
After you complete your repayment plan, each continuing debt that’s eligible for a discharge is canceled out. But, before you’ll be able to obtain a discharge, you must prove to the court that you’re up-to-date on your child support responsibilities and that you’ve finished a budget counseling course with an agency licensed by the United States Trustee. This budget counseling course is in addition to the mandatory credit counseling you go through prior to filing for bankruptcy







