Chapter 13 bankruptcy allows you to reorganize your debt. In contrast to other bankruptcy types that may require you to liquidate assets to repay debts, Chapter 13 may allow you to construct a payment plan that is more manageable, realistic, and equitable. Chapter 13, also known as """"the wage-earner's plan,"""" is frequently utilized by those who have income but whose current payments exceed their earnings. By filing Chapter 13, home foreclosures and other asset seizures can be stopped. In some instances, portions of your debt may be reduced or even entirely discharged.
In Chapter 13 bankruptcy, a person's income is used to pay off debt, whereas in Chapter 7 bankruptcy, assets are typically sold to pay off debt. To be able to make the adjusted debt payments, therefore, a filer must satisfy the minimum income requirements. There are additional filing eligibility requirements. Currently, a filer's unsecured debt, including credit card bills, student loans, child support, and medical expenses, cannot exceed $360,475 in total. The total amount of your secured debt, such as a mortgage or auto loan, cannot exceed $1,081,400.
The majority of Chapter 13 registrants are required to use the services of a credit counselor who has been approved by the United States Trustee's office. This person will not only evaluate your debts, but will also determine a payment plan that is compatible with your income and meets the court's repayment requirements. Depending on state regulations, debt repayment plans typically last between three and five years. Since those with mounting debt typically feel helpless, these plans frequently provide not only financial but also emotional respite.
Chapter 13 is a valuable instrument, but the laws surrounding it are frequently subject to change.
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