What is chapter 13 and how does it work?
Chapter 13 is that part (or chapter) of the Bankruptcy code under which a person may repay all or a portion of his or her debts under the supervision and protection of the bankruptcy court. The Bankruptcy Code is that portion of the federal laws that deal with bankruptcy. A person who files under chapter 13 is called a debtor. In a chapter 13 case, the debtor must submit to the court a plan for the repayment of all or a portion of his or her debts. The plan must be approved by the court to become effective. If the court approves the debtor’s plan, most creditors will be prohibited from collecting their claims from the debtor during the course of the case. The debtor must make regular payments to a person called the chapter 13 trustee, who collects the money paid by the debtor and disburses it to creditors in the manner called for in the plan. Upon completion of the payments called for in the plan, the debtor is released from liability for the remainder of his or her dischargeable debts
Chapter 13 is that part (or chapter) of the Bankruptcy code under which a person may repay all or a portion of his or her debts under the supervision and protection of the bankruptcy court. The Bankruptcy Code is that portion of the federal laws that deal with bankruptcy. A person who files under chapter 13 is called a debtor. In a chapter 13 case, the debtor must submit to the court a plan for the repayment of all or a portion of his or her debts. The plan must be approved by the court to become effective. If the court approves the debtor’s plan, most creditors will be prohibited from collecting their claims from the debtor during the course of the case. The debtor must make regular payments to a person called the chapter 13 trustee, who collects the money paid by the debtor and disburses it to creditors in the manner called for in the plan. Upon completion of the payments called for in the plan, the debtor is released from liability for the remainder of his or her dischargeable debt.
Chapter 13 is also called “reorganization bankruptcy.” You file the same forms as you file in Chapter 7 plus a proposed repayment plan, in which you describe how you intend to repay your debts over the next three to five years. Some debts must be repaid in full, some are paid at a fractional rate, and others aren’t paid at all. Some debts you have to pay with interest, some are paid at the beginning of your plan, and some at the end. A bankruptcy trustee is assigned to oversee the case and handle your payments. You will attend the First Meeting of Creditors about 6-7 weeks after you file. If the trustee is satisfied with your payment plan, he or she will recommend its approval by the judge. A few weeks after the First Meeting of Creditors, the judge normally confirms (approves) your plan if no creditor opposes it and the trustee has recommended it. When a creditor or the trustee objects to a plan, the judge usually holds a hearing within a few months to determine whether your plan shou
Chapter 13 is called “reorganization bankruptcy” because you file a proposed repayment Plan, the same forms as you file in Chapter 7. The Plan describes how you intend to repay your debts over the next three to five years. Some debts must be repaid in full, some are paid at a fractional rate, and others aren’t paid at all. Some debts you have to pay with interest, some are paid at the beginning of your plan, and some at the end. Our district has a standing Chapter 13 trustee who is assigned to oversee the case and handle your payments. In Chapter 13 you would be proposing a Plan to reorganize your debt. Before the law changed, unsecured creditors were repaid at 25% of what they were owed. Now we often file Chapter 13 Plans with 0% going to the unsecured creditors. If a debtor has assets that are non-exempt, the debtor would have to pay unsecured creditors enough to cover the amount of the non-exempt property. By doing so, the debtor can keep his non-exempt assets. In our district, paym
In a Chapter 13 Bankruptcy, a person may repay all or a portion of his or her debts under the supervision and protection of the bankruptcy court. A person who files under Chapter 13 is called a debtor. In a Chapter 13 case, the debtor must submit to the court a plan for the repayment of all or a portion of his or her debts. If the court approves the debtor’s plan, most creditors are prohibited from collecting their claims from the debtor during the course of the case. The debtor must make their payments to a person called the Chapter 13 trustee, who collects the money paid by the debtor and disburses it to the creditors in the manner called for in the plan. Upon completion of the payments called for in the plan, the debtor is released from liability for the remainder of his or her dischargeable debts.
