Chapter 13 Bankruptcy Frequently Asked Questions
Last Updated: February 3, 2015
There are two main ways to file personal bankruptcy under the U.S. Bankruptcy Code - Chapter 7 and Chapter 13. In a CH 7, your assets are liquidated to pay off your debts and then you are given a clean slate, so to speak. In a CH 13 filing, you are given 3-5 years to pay off your debts and you are able to keep all of your assets. Of course, there is a lot more to each type of bankruptcy and in this article we will address the most frequently asked questions regarding filing Chapter 13 BK.
Overview of Chapter 13 Bankruptcy
Chapter 13 bankruptcy is also known as a reorganization bankruptcy. It is filed by individuals who want to pay off their debts over a period of three to five years and it appeals to people who do not want to liquidate non-exempt property .
Chapter 13 is also an option for individuals who have sufficient income to pay their reasonable monthly expenses and have money left over to pay off their debts. In other words, CH 13 is for someone who did not pass the "Means Test " and cannot file for CH 7 bankruptcy.
What is the Difference Between Chapter 13 and Chapter 7?
One of the main differences between Chapter 13 and Chapter 7 bankruptcy. is the ability of a debtor to retain certain assets that would otherwise be liquidated by a Chapter 7 bankruptcy trustee. In most cases, you can keep your home and your car under either plan, provided your equity does not exceed certain limits. However, under CH 7, you wouldn't be able to keep your rental properties, antique gun collections, etc.
The goal of most Chapter 7 bankruptcies is to discharge your existing debts and allow you a "fresh start" on your finances. In other words, once your discharge is granted, you no longer need to repay the debts that were incurred before you filed your bankruptcy.
Under a Chapter 13, however, you repay most or all of your debts before your slate, so to speak, is wiped clean. And because you repay your debts, you gain certain advantages over a Chapter 7 BK.
Who Can File for Chapter 13 Bankruptcy?
An individual with regular income, who can pay for their living expenses but can not keep up with the payments on their debts. They must have less than $383,175 in unsecured debt and whose secured debts are less than $1,149,525.
What Are The Benefits to Filing CH 13?
Chapter 13 bankruptcy protects individuals from the collection efforts of creditors; permits individuals to keep their real estate and personal property; and provides individuals the opportunity to repay their debts through reduced payments. Another benefit is that the time your Chapter 13 bankruptcy shows on your credit report is less, so it takes less time to repair your credit after a bankruptcy .
You may be able to discharge debts in a Chapter 13 bankruptcy that would be non-dischargeable under other chapters, for example, fraud judgments.
How Long Does it Take to Pay Off a Chapter 13 Bankruptcy?
The size of your monthly "Plan" payments is determined by the amount you can afford to pay after paying necessary living expenses - i.e. insurance, car payment, mortgage payment, food, utilities, etc.
Typically, the payments last for 36 months, unless additional time is requested, but in no event will they
last more than 60 months. Therefore, if your payment analysis shows, for example, that you can afford to pay $200.00 per month (above and beyond your normal living expenses), you would pay that each month to the Chapter 13 Trustee, who would disperse it pro rata among your creditors. At the end of 36 months, you are discharged from all dischargeable unsecured debts, regardless of how much your creditors have received.
In addition to your plan payments, you must stay current with any ongoing obligations you have to secured creditors, such as on your mortgage. Chapter 13 (or any type of bankruptcy for that matter) only affects debts that you owe on or before you filed the bankruptcy. Therefore, on your mortgages and other secured debts, your Plan payment goes to pay any arrearages that existed on the date you file and you can repay that arrearage over the life of the Plan; but, you must stay current from the filing date forward with any mortgage payments, etc.
Secured debts (your mortgages) must be repaid in full, but CH 13 enables you to cure the defaults (reinstate the loans) over 36 months (or up to 60 months with creditor consent and court approval). You also have the ability to eliminate junior liens from your real property (your mortgages) under certain circumstances and restructure mortgage and other payments.
What Are Some Disadvantages to Filing for Chapter 13 Bankruptcy?
If you miss any payments at all that are due under your Plan, your case will be dismissed by the Court. Also, generally speaking, a CH 13 case it a bit more expensive to file than a CH 7 case - sometimes running $1,000 to $1,500 more in filing fees than a Chapter 7 bankruptcy filing.
Will a Chapter 13 Bankruptcy Affect my Credit?
Yes. A CH 13 bankruptcy will stay on your credit report for seven (7) years after you file, as opposed to 10 years if you file CH 7 BK. Other accurate negative reports on your credit must be removed after seven (7) years, such as late payments on credit cards, foreclosures, etc.
Your credit will most definitely be less damaged than had you completed a Chapter 7. However, the usual limitations will apply until the bankruptcy disappears off of your report: You will not get as high a credit limit as you once had nor will you be able to borrow a large sum of money. But getting some credit, such as a secured credit card, shouldn't be that difficult and you will be able to rebuild your credit over time.
What you will likely face is not unlike a person with a Chapter 7 on their credit report: higher interest rates, required higher down payments, more points, etc. But you will be treated more leniently than a person with a Chapter 7 bankruptcy. For instance, mortgage lenders will give you the benefit of the doubt, giving you preferred credit status over those filing Chapter 7.
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