What is Chapter 13 Bankruptcy Utah?
Chapter 13 bankruptcy is a type of bankruptcy that allows individuals to reorganize their debt and repay the debt over time. It is often used by people who have a regular income but are struggling to repay their debts. Filing Chapter 13 bankruptcy can help people get back on track financially and can provide relief from creditors. Chapter 13 bankruptcy is also known as reorganization bankruptcy or a wage earners plan.
A Chapter 13 Bankruptcy Case
- Chapter 13 Bankruptcy is often confused with Chapter 7 Bankruptcy.
- Chapter 13 Bankruptcy reorganizes your debts into a repayment plan.
- Chapter 13 Bankruptcy protects you from lawsuits by a secured creditor or creditors.
- Chapter 13 Bankruptcy is an expensive process.
- Chapter 13 Bankruptcy is for debtors with regular income.
- Chapter 13 Bankruptcy filing may be utilized as a last option if other debt reduction methods have failed.
Under bankruptcy law, Chapter 13 bankruptcy is a legal process that allows people to reorganize their debt and repay it over time. The process is administered by the bankruptcy court and usually lasts for three to five years. During this time, the debtor must make regular payments to their creditors, this is known as a payment plan and they must also have a bankruptcy petition for the Chapter 13 bankruptcy process. If the debtor completes the repayment plan, their remaining debt will be discharged. Payments are made to unsecured creditors or a United States trustee.
Chapter 13 bankruptcy is often referred to as the “wage earner’s plan” because it enables a debtor with a regular income to develop a payment plan to repay all or part of their debts. Under Chapter 13 bankruptcy, debtors propose a repayment plan to make installments to creditors. If the court approves the plan, creditors are prohibited from starting or continuing collection actions.
Chapter 13 bankruptcy Advantages
- One advantage is that Chapter 13 bankruptcy allows individuals to keep their property, such as their home or car. In essence, the debtor is allowed to keep all of his or her assets, provided that the debtor can continue to make the regular payments on the loans that may secure those assets (Estates are overseen by a bankruptcy trustee or a Chapter 13 trustee is appointed by United States bankruptcy court).
- Generally, a Chapter 13 case is preferred by debtors who have a valuable asset that is not completely covered by exemptions and that they wish to keep. This way of filing bankruptcy makes secured debt turn into unsecured debt.
- Chapter 13 bankruptcy can help a debtor catch up on missed payments and pay off their debt over time.
- A foreclosure proceeding can be stopped by a Chapter 13 filing, and the debtor can keep a residence by paying the arrearages through the plan.
- One of the main advantages of a Chapter 13 bankruptcy is that it can help individuals save their homes from foreclosure. If you are behind on your mortgage payments, you can catch up on the payments and
- A Chapter 13 bankruptcy case can be dismissed or converted to a Chapter 7 bankruptcy by the debtor at any time.
- You can file for Chapter 13 after only 4 years since filing Chapter 7.
Chapter 13 bankruptcy disadvantages
- First, it can be more difficult to qualify for Chapter 13 than other types of bankruptcy.
- Even if you do qualify for a Chapter 13 bankruptcy, you may have to give up some of your property, including your home equity, to repay your creditors.
- The debtor must make a monthly payment for 3-5 years to pay back either a portion or all of the debt or debts, depending on the debtor’s income and equity in assets according to their Chapter 13 repayment plan.
- A discharge is not granted until the 5-year period is up and all payments have been made.
- There are debt limitations.
- Credit repair could be delayed due to the length of the plan.
- Chapter 13 bankruptcy can remain on your credit report for up to seven years, which can make it difficult to get credit for your credit score in the future.
In conclusion, filing for Chapter 13 bankruptcy involves having a “debt liquidation plan” in which you pay creditors over time, thus not losing your house or car. Chapter 13 bankruptcy is a legal procedure that stops foreclosure, repossession, wage garnishment, and collection actions. In Chapter 13 bankruptcy, you get to keep most assets, but debts are not dischargeable. Chapter 13 bankruptcy is a type of debt relief for individuals, families, and small businesses.
Contact us at DexterLaw.com for more details on how you can get the help you deserve today. You may also schedule a free consultation here.
