New bankruptcy filing rules for Chapter 13 includes mandatory credit counseling.

Chapter 13 bankruptcy is frequently also known as reorganization bankruptcy and also as a wage earner’s plan. This allows individual consumers to work out a repayment plan for their debt which is supervised by the bankruptcy court. With this type of bankruptcy, consumers are given a period of time, usually three to five years, to repay all of the debt they have incurred. One of the bright spots of this particular chapter of bankruptcy is that creditors are not allowed to call you, harass you, or start any type of collections proceedings.

This type of bankruptcy may be better suited for some people, although each case is different. For example, with Chapter 7 bankruptcy, the consumer’s debt is almost completely eliminated. While this sounds like good news, the caveat is that your assets will be sold in order to repay the debt. By contrast with Chapter 13, while your debt remains, it is reorganized so that you can comfortably make payments and you are allowed to retain your assets.

Bankruptcy is not a debt consolidation loan, although some people may view it in that way. With Chapter 13, your financial obligations remain and you are not given any type of loan to pay them off. A repayment plan is defined and the funds are distributed to your creditors by a trustee which is appointed by the court. You no longer have any type of contract with your creditors, but that fact does not negate the fact that you still have financial obligations with each creditor. Certain types of debts are prioritized and are paid first.

If the liquidation of your assets is a concern, like having the mortgage company foreclose on your house, this type of bankruptcy may be perfect. Once Chapter 13 proceedings commence, any current or pending foreclosure procedure is stopped. If you have delinquent mortgage payments, those must be brought up to date and you must continue with your mortgage payments, but your home will not be foreclosed on.

If you have a significant amount of secured debt, it can be restructured and rescheduled to make it easier for you to make payments. The interest rate may be lowered and/or the term may be extended which will result in lower monthly payments, thereby making it easier for the consumer to make the payments.

Any individual, even if they are operating a business that is unincorporated or are self employed can file for chapter 13 bankruptcy as long as the overall unsecured debt is less than $307,675 and secured debt is less than $922,975. The baseline amounts are adjusted according to the consumer price index.

It is interesting to note that in order to be eligible to file for bankruptcy protection, you are required to attend credit counseling sessions. This is the law, even though the majority of bankruptcies are not done due to financial mismanagement. The agency providing this service must be approved by the courts. They may charge a fee, although that fee must be reduced if it is beyond your current means.

The bottom line is that Chapter 13 bankruptcy allows individuals some financial breathing room to repay their debts and does not require liquidation of their assets. A viable repayment plan is worked out so that debts can be repaid. This works for consumers who can still make payments but have found themselves with too much debt to handle at a particular time in their lives.

About the Author:

For more insights and additional information about Chapter 13 Bankrupcy as well as getting a free bankruptcy evaluation from a bankruptcy lawyer local to you, please visit our web site at http://www.bankruptcy-data.com

Jay Anderson | Chapter 13 Bankruptcy |

Tags: Chapter 13 Bankruptcy

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