Define: Chapter 13 Bankruptcy

Chapter 13 Bankruptcy
Chapter 13 Bankruptcy
Full Definition Of Chapter 13 Bankruptcy

Chapter 13 bankruptcy is a type of bankruptcy that allows individuals with a regular income to create a plan to repay all or part of their debts over a period of three to five years. This type of bankruptcy is often used by individuals who have a steady income but are struggling to keep up with their debts. The debtor proposes a repayment plan to the court, and if it is approved, they make regular payments to a trustee who then distributes the funds to creditors. Chapter 13 bankruptcy can help individuals keep their assets and avoid foreclosure or repossession, while also providing a structured way to repay their debts.

Chapter 13 Bankruptcy FAQ'S

Chapter 13 bankruptcy is a type of bankruptcy that allows individuals with a regular income to create a repayment plan to pay off their debts over a period of three to five years.

Individuals who have a regular income and have unsecured debts less than $419,275 and secured debts less than $1,257,850 are eligible for Chapter 13 bankruptcy.

Chapter 13 bankruptcy involves creating a repayment plan to pay off debts over time, while Chapter 7 bankruptcy involves liquidating assets to pay off debts. Chapter 13 allows individuals to keep their property and catch up on missed mortgage or car payments.

Yes, one of the advantages of Chapter 13 bankruptcy is that it allows individuals to keep their property, including their house and car, as long as they continue making the required payments.

A Chapter 13 repayment plan typically lasts between three to five years, depending on the individual’s income and the amount of debt they have.

Most types of debts can be included in a Chapter 13 repayment plan, including credit card debt, medical bills, personal loans, and even some tax debts. However, certain debts like child support, alimony, and most student loans cannot be discharged through bankruptcy.

Yes, filing for Chapter 13 bankruptcy will immediately stop foreclosure or repossession actions, allowing individuals to catch up on missed payments and keep their property.

Yes, filing for Chapter 13 bankruptcy will have a negative impact on your credit score. However, it is often seen as a responsible step towards resolving your debts and can provide an opportunity to rebuild your credit over time.

In certain circumstances, individuals may be able to convert their Chapter 13 bankruptcy to Chapter 7 bankruptcy. However, this decision is subject to specific eligibility requirements and should be discussed with a bankruptcy attorney.

Yes, individuals can file for Chapter 13 bankruptcy more than once, but there are specific time limits between filings. If you have previously filed for bankruptcy, it is important to consult with an attorney to determine your eligibility for another filing.

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This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 12th April 2024.

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