Chapter Chapter 13 is a type of bankruptcy that allows for the reorganization of debts for individuals and small businesses. Corporations cannot file for Chapter 13 bankruptcy relief. In most cases, individuals and couples with some source of regular income are allowed to keep their property and pay a percentage of their debts over time. Find the best Chapter 13 Bankruptcy Lawyers near you on Yelp - see all Chapter 13 Bankruptcy Lawyers open now. Explore other popular Professional Services near you from over 7 million businesses with over million reviews and opinions from Yelpers. Here is the definitive list of chapter 7 bankruptcy attorneys near your location as rated by your neighborhood community. Want to see who made the cut? A note to our community regarding COVID
A Chapter 13 generally gives a debtor a three to five year period to make installment payments to repay credit obligations. The debtor proposes Chapter 13 plan which will be administered by a Chapter 13 Trustee. The plan specifies a repayment schedule that covers both secured and unsecured debt. Rather than making payments directly to creditors, a debtor makes payments to the Chapter 13 Trustee who then distributes it to the creditors according to the terms of the Plan.
A Chapter 13 filing requires that a debtor have a verifiable source of regular income. An individual often files a Chapter 13 when they either have too many assets or too much income to qualify for a Chapter 7 or when they have debts that would not be dischargeable under a Chapter 7, such as recent tax obligations or child support payments. It is also a common solution for individuals who are behind on mortgage payments or are facing a foreclosure because they can cure the default over the three to five year plan period or propose some other solution like the sale of the property.
Businesses can also utilize the benefits of a Chapter 13 bankruptcy. The business may not want to stop operations and file for Chapter 7 bankruptcy relief. A Chapter 13 reorganization can give the business the benefits of the automatic stay while it seeks to reorganize its debts. Leases can be assumed or rejected. Tax claims can be paid over time without further interest accruing and penalties may be discharged. General trade creditors can be paid a portion of what is owed.
Chapter 13 provides an efficient and cost-effective framework for businesses. Contact us at for more information or if you have any questions. Your Name required. Your Email required. Tell us about your situation:. Please enter validation code below. The Law Offices of David A. Chapter 13 Chapter 13 is a type of bankruptcy that allows for the reorganization of debts for individuals and small businesses.
What is Chapter 13 bankruptcy? Chapter 13 is a type of bankruptcy in which a debt repayment plan is used to consolidate debts and make payments on your debt over a 3 to 5 year time frame. You file a plan with the bankruptcy court and you make payments to a Chapter 13 Trustee, based upon your ability to pay. There is no requirement that unsecured creditors be paid anything in a Chapter 13 but are usually paid some percentage on the dollar. Unsecured debts stop accruing interest during the life of your plan.
What is a Chapter 13 plan? A Chapter 13 plan is the filed document that a bankruptcy debtor presents to the bankruptcy court. It is the roadmap for the rest of the case. The plan is served on all creditors and states the amount of money the debtor will pay to the Chapter 13 trustee on a monthly basis, the duration of the plan, and the amounts to be paid to each class of creditors.
For instance, it might state that mortgage arrears and back taxes will be paid off at no interest over a sixty month period. A plan is flexible and might have provisions to account for an anticipated increase in income or the sale of a property. What is confirmation of a Chapter 13 plan? A Chapter 13 plan must be approved by the bankruptcy court. That process is called confirmation.
A case can be recommended for confirmation by the Chapter 13 trustee at the initial meeting of creditors if everything is progressing normally in a case. The court would then issue the confirmation order a few days thereafter. In some cases, a creditor may file an objection to confirmation which means that the matter will be heard in front of a bankruptcy judge at a confirmation hearing.
Once the objection is resolved, the judge will sign a confirmation order. If a plan cannot be confirmed, the case will be dismissed. Can the plan be modified? W M Law has been serving Kansas City for over 20 years and has four offices around Kansas City that are ready to provide you with caring service and support in your time of need. Thank you all for helping me get my life back on track.
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