Everything You Need to Know About Chapter 13
Posted by Wendy Polisi | Under Home Equity Loan Friday Sep 4, 2009Many Americas were completely unprepared for the huge-scale downturn and financial crisis that is currently happening all over the world. Because so many Americans were unprepared and easy credit dried up, their expenses and liabilities quickly outstripped their ability to pay for their lifestyles. The financial crisis causes a tightening of credit all over, in turn leading to astounding increases in bankruptcy filings in the United States.
A Chapter 7 bankruptcy is what most people imagine when they consider filing for bankruptcy. Although a few items are exempt, most of the petitioners assets will be sold. Debts that are unsecured, like medical bills and credit cards, will be discharged, and other debts will be rescheduled for payment. However, the United States Trustee over Chapter 7 bankruptcies requires that a means test be applied. This would deny Chapter 7 relief to anyone making enough money that their claim might be abusive.
Chapter 13 bankruptcy, or reorganization bankruptcy, is an alternative to Chapter 7. Chapter 13 bankruptcy reorganizes the petitioners monies so that debts can eventually be repaid. People who have nonexempt assets or properties they wish to keep find a Chapter 13 to be a useful option to a Chapter 7 that would require those assets to be liquidated. This is also a good choice for people that have a predictable income and would be able to pay off their debts if a restructuring and rescheduling took place. Under a Chapter 13 bankruptcy third parties are protected; a co-signer or spouse would have special protection. While a Chapter 7 discharges debts and liquidates assets in a matter of months, the reorganization plan that a Chapter 13 creates will be in effect for three to five years.
To be eligible for Chapter 13 filing, the debtor has to demonstrate that he will have a steady and reliable income over the period of the Chapter 13 plan. Further, once showing that this income will be available, required living expenses are subtracted from the predicted income. If there is enough money remaining to make significant headway in paying down the debt the filing will be allowed. Another restriction refuses Chapter 13 relief to people with more than $336,900 in unsecured debt and/or $1,010,650 in secured debt.
One rather peculiar restriction strictly forbids stockbrokers and commodity brokers from receiving Chapter 13 relief even if it is solely for their personal finances. Other than these basic restrictions, Chapter 13 relief is available to most people.
Filing a Chapter 13 bankruptcy is not a simple process. Most professionals that will assist a petitioner require some up front fees so it is wise to take action before the situation is completely out of hand. A Chapter 13 bankruptcy requires great discipline, but it can be a good alternative for professionals and those that can be successful in the future.
Wendy Polisi is the founder of Credit Repair College and Finance the Dream. Credit Repair College empowers people to take control of their financial future by learning everything they need to know to repair credit on their own. For more information on credit repair please visit them on the web. Finance the Dream offers lease options throughout the United States.
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