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Who might want to use?
- Individual debtors who have regular income
- Sole proprietorships
- Individual whose debts are primarily consumer rather than business debts if the court finds that the granting of relief would be an abuse of chapter 7. 11 U.S.C. § 707(b).
How it works and what are the differences as compared to Chapter 7:
- Chapter 13 is often preferable to chapter 7 to individual with regular income because it enables the debtor to keep a valuable asset, such as a house, and because it allows the debtor to propose a "plan" to repay creditors over time – usually three to five years. Chapter 13 is also used by consumer debtors who do not qualify for chapter 7 relief under the means test. At a confirmation hearing, the court either approves or disapproves the debtor's repayment plan, depending on whether it meets the Bankruptcy Code's requirements for confirmation. Chapter 13 is very different from chapter 7 since the chapter 13 debtor usually remains in possession of the property of the estate and makes payments to creditors, through the trustee, based on the debtor's anticipated income over the life of the plan. Unlike chapter 7, the debtor does not receive an immediate discharge of debts. The debtor must complete the payments required under the plan before the discharge is received. The debtor is protected from lawsuits, garnishments, and other creditor actions while the plan is in effect. The discharge is also somewhat broader (i.e., more debts are eliminated) under chapter 13 than the discharge under chapter 7.
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Chapter 13 Bankruptcy by Stephen Elias; Robin Leonard; Kathleen MichonISBN: 141331712X
Publication Date: 2012-05-31
Reduce your debts, save your property -- and start over! Are you considering Chapter 13 bankruptcy? Use this plain-English guide to decide if Chapter 13 is right for you and to learn how to keep valuable property and discharge your unsecured debts. Chapter 13 legal concepts, procedures, and monetary calculations can be tricky. Nolo's Chapter 13 Bankruptcy breaks down the Chapter 13 process and provides clear explanations of the law so you can: . consider non bankruptcy alternatives . decide which is better for you -- Chapter 7 or Chapter 13 . determine if you qualify for Chapter 13 . understand bankruptcy's automatic stay . learn how Chapter 13 can help avoid foreclosure . find out if you can reduce your car loan balance, or the balance on other secured debts . determine if you can strip second mortgages or home equity lines from your home . calculate (with forms and step-by-step instructions) whether you have enough income to propose a repayment plan that will meet legal requirements . calculate the amount of your monthly plan payment . find and work effectively with an excellent lawyer, and . rebuild your credit after bankruptcy This newest edition includes new information on hiring and working with a lawyer, recent U.S. Supreme Court and other federal court decisions interpreting bankruptcy law, the latest bankruptcy exemption laws in your state, and recent IRS standard expense amounts (which play a role in plan payments). If you are considering or have decided to file Chapter 13 bankruptcy, Nolo's Chapter 13 Bankruptcy is the essential guide you need to understand the procedures and law. Please note: This book does not cover business bankruptcies, farm reorganizations, or Chapter 7 personal bankruptcy. For Chapter 7 bankruptcy, see Nolo's How to File for Chapter 7 Bankruptcy. If you own your own business and are considering Chapter 7 bankruptcy, see Nolo's Bankruptcy for Small Business Owners.