Chapter 13 Bankruptcy

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Commonly Asked Questions about Chapter 13 Bankruptcy

Chapter 13 may cause less damage than Chapter 7 if you can reorganize your finances, as it involves repaying debts rather than liquidating assets. Future lenders might like Chapter 13 better, especially if you agree to pay back what you owe. But if your credit is extremely low, it wont matter much which one you pick.
While it can be a fresh start, filing for bankruptcy comes with costs, depending on the size, type and complexity of your debt. Filing Chapter 7 bankruptcy typically costs between $1,800 and $2,300 while a Chapter 13 filing can cost between $4,500 and $5,300.
Chapter 7 bankruptcy typically discharges your obligations and allows you to get on with your life much faster than Chapter 13, which gives you a chance to maintain your property. The tradeoff for Chapter 13: You complete a court-ordered repayment plan, which can take three to five years.
Pros of Filing Chapter 13 Bankruptcy Keep Valuable Assets: The number one advantage of Chapter 13 is being able to keep assets, especially expensive ones you rely on like your home or vehicle. As long as you keep up with repayment plan payments, you can avoid repossession or foreclosure. Pros and Cons of Chapter 13 Bankruptcy sawinlaw.com blog pros-cons-of-chapter sawinlaw.com blog pros-cons-of-chapter
Generally, Chapter 7 is more appropriate for simple cases while Chapter 13 for more complicated bankruptcies. Or somewhat more accurately, Chapter 13 can give you more power over and flexibility with certain kinds of creditors, and if you have non-exempt assets.
Whether or not the court discharges your debt depends on the situation. First and foremost, Chapter 13 is a repayment plan. You can expect to pay down your debts for several years. Only then may a court eliminate some of your remaining debt if you meet specific requirements.
1. A bankruptcy stays on your credit report for up to 10 years. While this is a negative aspect of Chapter 7, you can begin rebuilding your credit immediately.
A chapter 13 bankruptcy is also called a wage earners plan. It enables individuals with regular income to develop a plan to repay all or part of their debts. Under this chapter, debtors propose a repayment plan to make installments to creditors over three to five years. Chapter 13 - Bankruptcy Basics | United States Courts uscourts.gov services-forms chapter-13- uscourts.gov services-forms chapter-13-
Cons of Filing Chapter 13 Bankruptcy Even missing payments risks dismissal, leaving no bankruptcy protection. Job loss, medical issues, and added expenses all strain the plan. 2. Certain Debts Remain: Common protected debts like most student loans, alimony, and child support cant be discharged in Chapter 13.
The filer doesnt have to meet any debt limits under Chapter 11 rules and there are no limits to file. Chapter 13, on the other hand, is generally used by those with a stable source of income. Unlike Chapter 11, there are debt limits that filers must meet debt limits to qualify.