Individuals who are willing to pay their debts within 3-5 years qualify for the Chapter 13 bankruptcy. This chapter is crucial as it is helpful for individuals that want to retain some or all of their assets. This form of bankruptcy in some cases offers a better solution over the conventional form of bankruptcy as listed out by the Chapter 7 bankruptcy. The Chapter 7 bankruptcy can sometimes strip the debtor of his assets. This bankruptcy can be declared by individuals who have a limited regular income and can show ability to pay back a portion of their debts over time.
Understanding the negative aspects of this type of bankruptcy will explain the flexibility of the Chapter 13 bankruptcy. It is seen that a person who has filed for this form of bankruptcy would see it on their credit reports for a period of 7 years. Furthermore, it will be difficult to borrow large sums of money in the following years, as most of the creditors will question the worthiness of repayment of the debts. Besides this, one of the most persistent issues that surround the Chapter 13 bankruptcy is that it puts a filer on a strict and restricted budget thus, cutting off any unusual expenses that a person may have interest in. The Chapter 13 bankruptcy also does not include all debts under its influence, which means that a person with a variant case cannot file for this bankruptcy. Although, Chapter 13 is a feasible solution for filing bankruptcy, it should be understood that it limits the debt amount that a debtor can discharge.
On the contrary, this form also has its benefits in that it avoids the foreclosure of homes, as well as protection of the co-signers come under this chapter. Besides this, a debtor can still have their non-exempt as well as the exempt properties. The payment terms of most of the debts can get extended as per the rules under this bankruptcy form. Given these benefits, the Chapter 13 bankruptcy does seem to have its plus points that can be made use of judiciously.
This chapter is sometimes referred to as a repayment plan or a reorganization plan. To fully understand the depth and scope of this chapter of the US bankruptcy code, one should consult with a licensed bankruptcy attorney. Only bankruptcy lawyers can guide you through this stressful process.
Jay King is a owner of BankruptcyIntro.com. We’ve all heard of large companies filing for bankruptcy or ‘going bankrupt’ and most of us would think that particular company must be in trouble.
What happens when you file bankruptcy nowadays?
I hear it is very hard to file for the type of bankruptcy where they abolish all of your debt. However, what about the type of bankruptcy where you pay back some of your debt? If you file this type of bankruptcy, will you definitely get accepted, even if you make a high income? How much of your debt do they make you pay back and in what timeframe? How much does it cost to file for bankrutpcy nowadays? Do you have to pay a lawyer up front? Does a lawyer guarantee you will be accepted for filing bankruptcy? THANKS!
Answer
Actually, a bankruptcy that wipes out all your debt is not much harder than before, it just requires much more documentation and there is an income “threshold” (it’s a bit of a sliding scale depending on a variety of factors). If you make below the median income you can definitely file said bankruptcy (known as a chapter 7).
Chapter 13, the type where you pay back some of the debt, is what you have to do if you have a high income and need to file bankruptcy. It is possible to have to pay back 100% of your debt if you really make a lot of money, so much that your disposable income for the next 60 months would be sufficient to pay off all of your debt. You only get accepted assuming you comply with every rule and requirement. You have to attend the first meeting of creditors, provide the trustee with the last 60 days of paystubs (your attorney will want the last 6 months), the last 4 years of tax returns (or transcripts of your return), and list all your assets and debts.
By the way Child Support, Maintenance, Taxes, Student loans etc are not dischargeable.
The percentage of debt you have to pay back really depends on the equity you have in your assets and your disposable income so there is no clear cut answer without knowing anything else about your situation. You pay it back in 60 months if you are required to file a 13 instead of a 7.
The cost for bankruptcy varies by jurisdiction so I can’t answer that for you. For a chapter 13, most attorneys will require a partial payment up front and the rest to be paid through the plan, though some require full payment. For a chapter 7 payment is always up front.
A lawyer can’t guarantee your bankruptcy will receive a discharge. Especially not in a chapter 13 where a myriad of things can go wrong. If you ever get to the point you can’t make payments, your Chapter 13 can be dismissed (though if you are proactive and your circumstances have changed, you should be able to successfully convert to a chapter 7), so no, the attorney will not and cannot guarantee results.
Also in both types of bankruptcy, you have to complete a credit counselling class prior to filing and a debtor education class after. You have to use those approved by the US Trustee in your jurisdiction, which you can access at http://www.usdoj.gov/ust/.
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