Chapter 13 bankruptcy law is occasionally referred to as reorganization bankruptcy. It’s very different than Chapter 7 bankruptcy. In a Chapter 7 bankruptcy virtually all of your debts are wiped out. But, you must lose 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 items. But, you’re required to use your income to pay back some or all of what you owe your creditors. Your payments to creditors are made over time, usually from three to five years. The time parameter hinges on the size of your debts and income.
Chapter 13 Bankruptcy Law Eligibility
Chapter 13 bankruptcy isn’t for everybody. Chapter 13 bankruptcy law involves applying your income to pay off most or all of your debt. So, you’ll have to prove to the court that you’re able to fulfill your payment obligations. If your income is unpredictable or excessively low, the court might not let you to file under Chapter 13 bankruptcy law.
If your complete debt burden is overly high, you’re also ineligible to file under Chapter 13 bankruptcy law. Your secured debts can’t be greater than $1,010,650. A “secured debt” is one that grants a creditor the ability to take a specific piece of property (like your home or car) if you don’t pay the debt. Your unsecured debts can’t be greater than $336,900. An “unsecured debt” doesn’t grant your creditor the power to take your property. 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.
Commencing a Chapter 13 Bankruptcy
Prior to filing a Chapter 13 bankruptcy, you must attend credit counseling from an agency authorized 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 cases, free counseling.
Payment Plans In Chapter 13
The most serious part of your Chapter 13 bankruptcy paperwork is your repayment plan. It delineates in detail how much money you’ll devote to every one of your debts. There’s no uniform form for the plan. But, most all courts furnish 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 Be Required to Pay
Your Chapter 13 plan must pay off particular debts fully. These debts are called “priority debts” because they’re considered important enough to jump to the forefront of the bankruptcy repayment line. Priority debts include child support and alimony, wages you owe to employees, and certain tax duties. In addition, your plan must encompass your regular payments on secured debts.
The plan must demonstrate that any income you have leftover after getting to these required payments will go toward paying off your unsecured debts. You don’t have to pay these unsecured debts in full. You just have to demonstrate that you’re giving any remaining income towards their repayment.
How Long Is Your Repayment Plan
The duration of your repayment plan hinges upon how much you bring in and how much you owe. If your typical monthly income during the six months before the date you filed for bankruptcy is larger than the typical income for your state, you’ll have to offer up a five-year plan. If your income is smaller than the typical, you may suggest a three-year plan.
Regardless of how much you earn, your plan ceases when you repay each of your debts in full, even if you’ve not arrived at the three- or five-year mark.
What Goes On If You Can’t Produce Plan Payments
If you suffer a job loss after initiating a payment plan or detect that you can’t maintain the payments on your Chapter 13 bankruptcy plan, the bankruptcy trustee may alter your plan. It’s even feasible 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 serious debilitating sickness. If the bankruptcy court won’t permit you to modify your plan or give you a hardship discharge, you may be able to switch to a Chapter 7 bankruptcy.
How Does a Chapter 13 Case Conclude
After you finish your repayment plan, every remaining debt that’s eligible for a discharge will be canceled out. But, before you’ll be able to obtain a discharge, you must demonstrate 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 authorized by the United States Trustee. This budget counseling course is in addition to the required credit counseling you experience prior to filing for bankruptcy