Filing for bankruptcy under chapter 13 is your best bet if you have a source of income to pay your debts in part payment. This chapter, helps you get a fresh start from your financial woes as well as protects all your assets and possessions from foreclosure.
When you file for bankruptcy under chapter 7, an automatic stay is levied wherein no collection agencies can contact you for any form of payments. Moreover, as per the plan set by the court, you can make the payment of your dues in part over a period of 3-5 years. However, there is a certain capping to be approved to file for bankruptcy under this chapter.
Under what circumstance is choosing this chapter a good choice?
It is best to opt for chapter 13 bankruptcy when-
- When you have non dischargeable debts as per chapter 7. non dischargeable debts include – domestic support obligation, tax and related penalties.
- If you have lien which is more than the actual value of your asset.
- You have defaulted payments of your car of House.
- When your assets totals to more than the exemptions that is available for you.
What all is included under chapter 13 bankruptcy?
Chapter 13c is very debtor friendly and helps you get a new start to your financial woes. Lets check out the details-
- The debtor has the flexibility to decide the terms of the plan.
- The amount of money the debtor owes each month will be stipulated by the court. Also the court decides what fraction will go under which category.
- The debtor will not have to make full payments, only part or fractional amount as decided by court must be paid.
What are the advantages of chapter 13 bankruptcy?
Chapter 13 is quite flexible in terms of payment methodology. If the debtor wishes he can anytime close the case once he has sufficient funds and alternatively, they can convert to chapter 7 if they are unable to make monthly payments as per the restructured plan. However, domestic support must always be paid in full.
For guidance from professionals, book an appointment today. Log on to – https://www.recoverylawgroup.com/bankruptcy/ or call on 888-297-6203 for further details.