| Overview Of
Chapter 13
Bankruptcy |
Here are some important features of
Chapter 13 bankruptcy:
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Chapter 13 bankruptcy is very powerful. You can use it to
stop a house foreclosure, make up the missed mortgage payments and keep
the house. You can also pay off back taxes through your Chapter 13 plan
and stop interest from accruing on your tax debt.
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Filing your papers with the bankruptcy court stops
creditors in their tracks. When you file for Chapter 13 bankruptcy (or
any other kind of bankruptcy), something called the automatic stay goes
into effect. It immediately stops your creditors from trying to collect
what you owe them. At least temporarily, creditors cannot legally grab
(garnish) your wages, empty your bank account, go after your car, house
or other property, or cut off your utility service or welfare
benefits.
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Some people use Chapter 13 bankruptcy to buy time. For
example, if you are behind on mortgage payments and about to be
foreclosed on, you can file Chapter 13 bankruptcy papers to stop
collection efforts, and then attempt to sell the house before the
foreclosure.
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Chapter 13 bankruptcy requires discipline. For the entire
length of your case (three to five years), you will have to live under a
strict budget; the bankruptcy court will not allow you to spend money on
anything it deems nonessential.
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The majority of debtors never complete their Chapter 13
repayment plans. Although most people file for Chapter 13 bankruptcy
assuming they'll complete their plan, only about 35% of all Chapter 13
debtors do. Many drop out very early in the process, without ever
submitting a feasible repayment plan to the court. If you can come up
with a realistic budget and stick to it, however, you should have no
trouble completing your Chapter 13 plan.
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Payments may be deducted from your wages during your case.
If you have a regular job with regular income, the bankruptcy court will
probably order that the monthly payments under your Chapter 13 plan be
automatically deducted from your wages and sent to the bankruptcy
court.
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Chapter 13 bankruptcy can stay in your credit file for up
to ten years from the day you file your papers, although rarely are
Chapter 13 bankruptcies reported for more than seven years. After your
case is over, however, you can take steps to improve your credit. In
fact, some Chapter 13 bankruptcy courts have established programs to
help you do just that. In such a program, if you have paid off around
75% or more of your debts, you may attend money management seminars and
apply for credit from certain local creditors.
A business, even a sole proprietorship, cannot file for
Chapter 13 bankruptcy in the name of that business. Businesses are steered
toward Chapter 11 bankruptcy when they need help reorganizing their debts
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