Legal Topics
12-Sep-2023
Chapter 13 Bankruptcy: Process, Advantages, and Drawbacks
Chapter 13 bankruptcy is a legal process allowing individuals with regular income to restructure their debts and create a repayment plan to pay off their creditors over time. In this article, we'll explore what Chapter 13 bankruptcy is, how it works, and who can benefit from it.
What is Chapter 13 Bankruptcy?
Chapter 13 bankruptcy is also known as the "wage earner's plan." It is a type of bankruptcy designed for individuals with a regular income. It can afford to repay a portion of its debts over time. Chapter 13 bankruptcy allows individuals to keep their assets, such as their real estate, home, and car, and repay their debts through a court-approved payment plan.
Understanding Chapter 13 Bankruptcy
To file for Chapter 13 bankruptcy, individuals must meet certain eligibility requirements. They must have a regular source of income, have unsecured debts of less than $419,275, and secured debts of less than $1,257,850. Individuals must also complete credit counseling before filing for bankruptcy. Once an individual files for Chapter 13 bankruptcy, an automatic stay goes into effect. This means creditors are prohibited from contacting the individual or taking collection actions, such as garnishing wages or repossessing property. The individual must submit a proposed repayment plan to the court for approval.
Chapter 13 Eligibility
Chapter 13 bankruptcy can benefit individuals with a regular income source struggling with debt. It can help individuals avoid foreclosure and repossession and allow them to keep their assets while repaying their debts. Chapter 13 bankruptcy can also give individuals a fresh start and an opportunity to improve their financial situation when facing business bankruptcy. Individuals can improve their credit scores and become debt-free by making regular payments and completing the repayment plan. In addition, Chapter 13 bankruptcy can provide individuals with relief from the stress of debt collection and harassment from creditors. The automatic stay that goes into effect can give individuals peace of mind and an opportunity to regain control of their finances.
Advantages of Chapter 13
Filing for bankruptcy can be a difficult decision to make. Still, it can provide a path to financial stability and relief for those struggling with debt. Chapter 13 bankruptcy is a type of bankruptcy that allows individuals to restructure their debts and create a repayment plan that works for them. One of the main benefits of Chapter 13 bankruptcy is that it can stop foreclosure and repossession. If you are behind on mortgage or car payments, filing for Chapter 13 bankruptcy can allow you to keep your home and car while you repay your debts over time. This can provide individuals with the time and opportunity to catch up on missed payments and avoid losing their assets.
How Chapter 13 Works
When you file for Chapter 13 bankruptcy, your creditors cannot take any collection actions, such as calling you or garnishing your wages. This can also protect any co-signers on your debts, such as family members or friends who have helped you obtain credit. By repaying your debts through the court-approved payment plan, you can prevent your co-signers from being held responsible for your debts. Dealing with debt collection and harassment from creditors can be stressful and overwhelming. When you file for Chapter 13 bankruptcy, an automatic stay goes into effect, prohibiting creditors from contacting you or taking any collection actions. This can relieve individuals from the stress and anxiety of dealing with debt collection and harassment.
The Chapter 13 Plan and Confirmation Hearing
An individual has to file for Chapter 13 in a court, which then decides whether it can be applied to the applicant in a confirmation hearing. Filing for Chapter 13 bankruptcy can be expensive. In addition to the court filing fees, individuals must pay for an attorney to assist them with the bankruptcy process. This can add up to thousands of dollars, which can be a significant financial burden for those struggling with debt. While individuals repay their debts through the court-approved repayment plan, they must obtain court approval for any significant financial transactions. This can limit an individual's financial flexibility and make it difficult to make important financial decisions, such as purchasing a new car or home.
Making the Plan Work
The repayment plan must be feasible and reasonable, considering the individual's income and expenses. The repayment plan must last between three to five years and provide for the full or partial repayment of all priority claims, such as taxes and child support, and secured claims, such as mortgages and car loans.
After the repayment plan is approved, the individual must make monthly payments to the bankruptcy trustee, who distributes the funds to the creditors. Once the repayment plan is completed, the remaining unsecured debts are discharged.
Chapter 13 Vs. Chapter 7
Chapter 13 bankruptcy allows individuals to keep their domestic and commercial property, such as their home and car. Unlike Chapter 7 bankruptcy, which may require liquidating assets to repay creditors, Chapter 13 allows individuals to restructure their debts and repay them over time while keeping their assets.
Chapter 13 Vs. Chapter 11
The court-approved repayment plan can last anywhere from three to five years. During this time, individuals must make regular payments to the bankruptcy trustee. This can be a significant commitment and require individuals to adjust their budgets and financial priorities to meet the repayment plan requirements. But in Chapter 11, the period of five years can be extended.
Chapter 13 and the CARES Act
Chapter 13 bankruptcy can provide individuals with a path to financial stability and debt relief. It allows individuals to restructure their debts and create a repayment plan that works for them while also providing protection from debt collection and harassment. But if you are struggling with debt and your regular source of income was hampered because of the coronavirus pandemic, payments under Chapter 13 bankruptcy may be extended by up to seven years. This is done under the purview of the CARES act.
Example of Chapter 13 Bankruptcy
An individual may earn $5000 and have monthly expenses of $4,600. This may leave him with only $400 to pay towards his debts, which are more than $30,000. The individual may file for Chapter 13 bankruptcy and propose a repayment plan that would allow him to pay off his debts over five years. The payment plan is structured so that John's priority debts, such as his mortgage payments and tax debts, are paid first. After these debts are paid, the remaining funds are distributed among his unsecured creditors. At the end of the five years, any remaining unsecured debts would be discharged, and John would no longer be responsible for paying them.
The Chapter 13 Discharge
Individuals can repay their debts over three to five years through the court-approved repayment plan. Once the repayment plan is completed, any remaining unsecured debts are discharged. This can give individuals a fresh start and an opportunity to improve their financial situation. While filing for bankruptcy may temporarily lower your credit score, completing the court-approved repayment plan can improve your credit score. By making regular payments and completing the repayment plan, individuals can demonstrate their ability to manage debt and become debt-free.
While Chapter 13 bankruptcy can discharge some unsecured debts at the end of the repayment plan, certain debts are not dischargeable. This includes certain tax debts, student loans, and debts related to fraud or malicious injury. This means that individuals may still be responsible for these debts after completing the repayment plan.
The Chapter 13 Hardship Discharge
Suppose an individual fails to make the required payments under the court-approved repayment plan. In that case, their bankruptcy case may be dismissed. This can result in the loss of bankruptcy protections and the potential for creditors to resume collection actions. This can also make it more difficult to file for bankruptcy in the future. Chapter 13 bankruptcy can provide individuals with a path to financial stability and debt relief. Still, it is important to carefully consider the potential drawbacks before filing. The lengthy repayment plan, loss of dischargeable debts, impact on credit score, high cost, limited financial flexibility, and risk of dismissal are all factors to consider. It is important to consult with a bankruptcy attorney to determine if Chapter 13 bankruptcy is the right choice for your individual situation.
Also read: Chapter 7 Bankruptcy Basics: What You Need to Know
Conclusion
Chapter 13 bankruptcy is a legal process that can provide individuals with a path to financial stability and debt relief. It allows individuals with regular income to restructure their debts and create a repayment plan to pay off their creditors over time. If you are struggling with debt and have a regular source of income, Chapter 13 bankruptcy may be an option to consider. It is important to consult with a bankruptcy attorney to determine if Chapter 13 bankruptcy is the right choice for your individual situation.