A Number Of Elements About Chapter 13 Bankruptcy Information
When you need an absolute answer to questions about Chapter 13 bankruptcy Information, it is best to talk to a qualified lawyer. Most times an introductory interview is given at no charge. This article will provide basic information that may help in decide if this Federal action is right for you.
As an individual, you can file under this particular code. An individual can also mean an owner of a business entity but that entity cannot be a partnership or incorporated. An income that meets the person's basic expenses but comes short of the monthly debt responsibility is a candidate. Because of this requirement, Ch. 13 is also known as the wage earner's plan.
Another option for debt relief is chapter 7. This allows for complete discharge of non-secured debt that you have at the time of filing. You will be able to keep your home and automobile if it meets the code limits. Other assets that do not meet guidelines will have to be forfeited to the trustee.
Under Ch. 13, you may still keep your home and car and most other assets. However, this section does not zero out your obligation to pay your creditors. You will still have to pay them, but through a modified plan set up through the court. Under this code, there are additional debts that can be discharged that are not dischargeable under others.
Continuing on, you may be able to halt any foreclosure on your residence. You will have to continue making the current payments but the amount that is past due may be included in the payment schedule of the court. Additional payments on secured debt that is not your primary home may be modified to be paid over the payment schedule. Third parties, those also liable for some of your debt, may be protected.
This is a consolidation. All of your debt will be handled by the trustee of the court. You will have one payment per month and will be responsible for making it to the trustee's office. The court will then disperse the money to the creditors. Your repayment plan is for thirty-six months, but under some situations, this can be extended for no more than an additional twenty-four months.
This is general Chapter 13 bankruptcy Information. By searching online, you can find much more detailed parameters for this area and other areas of the bankruptcy code. The earlier you get information on this option, the easier it can be to repay your debts. Find a reputable lawyer in your area by searching the web.