In a Chapter 13 bankruptcy, the debtor is essentially going to the court and asking them for permission to reorganize their liabilities into one lump sum payment. The debtor will take all of their unsecured liabilities as well as any arrearage on their home or automobiles, pile them all together, and propose to the bankruptcy court a plan of repayment. That plan of repayment usually last between 3 and 5 years and when the plan of repayment is over with, the debtor is discharged of all of his or her remaining liabilities. Chapter 13 Bankruptcy is the best option for people who are behind on their homes and about to be foreclosed, have cars that are about to be repossessed, have back child support, back taxes, and even unpaid school loans.
Chapter 13 bankruptcy rules are a little different than other types of bankruptcy. When someone files for bankruptcy under Chapter 13 of the Bankruptcy Code, their aim is to have the opportunity to repay some or all the debts in their name, in better terms, i.e. lower or no interest. Unlike Chapter 7 which involves liquidation of assets, the Chapter 13 process involves restructuring debts which allows the debtor to use whatever income they may have in the future to pay off the creditors. Filing Chapter 13 Bankruptcy is thus applicable for a debtor who has a regular income, and can afford to request for such adjustments or reductions.
The United States Bankruptcy Code gives the debtor a ceiling of 5 years, within which the creditors must be paid back. While the attorney will safeguard your interests, the entire process is carried out under the supervision of the courts.
For more information about Chapter 13, please see Chapter 13 Bankruptcy Questions
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