Give us your feedback or leave a comment




Cancel   Send

Latest Bankruptcy News & Info

Real Estate Roller Coaster
 

Bankruptcy Statistics

2007 filings for Virginia: 19,478 business and consumer
2008 filings for Virginia: 28,212 business and consumer

Virginia Ranks #17 based on per capita filings

Articles

Buying a house after bankruptcy
Housing Bubble is Bursting...
ABI Consumer Info

What is Chapter 13 Bankruptcy?
A Chapter 13 case can be compared to a debt consolidation loan, but your payment will be based upon your ability to pay rather than the amount of your debt. You do not have to pay all of your unsecured debt, and you can use the chapter 13 process to catch up arrears on mortgages or automobile loans or even to "cram down" such loans to the true value of the collateral.
When you file for Chapter 13 relief you propose a payment plan to the court describing in detail a proposed budget of income and expenses, and you get to decide which secured debts/assets you wish to keep and which you plan to surrender.  The Bankruptcy Code requires your plan to be between three and five years long and you must make payments on a monthly basis to the Trustee assigned in your case.  . In order for your repayment plan to be approved, you must be working or have a consistent source of income.

Just as in filing a chapter 7 case, when filing a Chapter 13 case,  you must disclose and list all of your debts and all of your assets. You will have no direct contact with creditors while under chapter 13 protection. The court-appointed trustee serves as a disbursing agent, collecting payments from you and making distributions to the creditors. 

Typically Chapter 13 bankruptcy cases are used to catch up mortgage arrears, payoff vehicle loans based upon the value of the vehicle rather than the amount of the loan, obtain extended terms to pay off student loans, or tax liabilities. Credit card debts and other unsecured debts, such as unpaid medical bills are typically paid only a very small percentage over the course of your plan.

Even non-dischargeable debts you must ultimately pay in full such as  IRS taxes and back due child support can be modified.