By Harvey L. Cox
Chapter 13 bankruptcy law is on occasion referred to as reorganization bankruptcy. It's very different than Chapter 7 bankruptcy. In a Chapter 7 bankruptcy virtually all of your debts are extinguished. But, you must forfeit any belongings that aren't exempt from seizure by your creditors. Under Chapter 13 bankruptcy law, you aren't required to abandon any personal items. But, you're expected to use your income to pay back some or all of what you owe your creditors. Your payments to creditors are made over time, typically from three to five years. The time frame depends upon the size of your debts and income.
Chapter 13 Bankruptcy Eligibility Prerequisites
Chapter 13 bankruptcy isn't for everyone. Chapter 13 bankruptcy law requires applying your income to pay most or all of your debt. So, you'll have to prove to the court that you're capable of fulfilling your payment responsibilities. If your income is sporadic or excessively low, the court may not permit you to file under Chapter 13 bankruptcy law.
If your total debt burden is too high, you're likewise ineligible to file under Chapter 13 bankruptcy law. Your secured debts can't be more than $1,010,650. A "secured debt" is one that grants a creditor the right to take a specified piece of property (like your home or automobile) if you don't pay off the debt. Your unsecured debts can't be greater than $336,900. An "unsecured debt" doesn't allow your creditor the ability to take your properties. An example of an "unsecured debt" is a credit card or a medical bill.
Commencing a Chapter 13 Bankruptcy
Prior to filing a Chapter 13 bankruptcy, you must go through credit counseling from an agency authorized by the United States Trustee's office. These agencies are allowed to charge a fee for their services. But, if you can't afford to pay the fee, they have to supply cut rate counseling and, in a few cases, free counseling.
Payment Plans In Chapter 13
The most fundamental part of your Chapter 13 bankruptcy paperwork is your repayment plan. It delineates in detail how much money you'll pay to every one of your debts. There's no recognized form for the plan. But, virtually all courts provide their own forms.
How Much Will You Have to Pay
Your Chapter 13 plan must pay specific debts in full. These debts are called "priority debts" because they're viewed important enough to jump to the head of the bankruptcy repayment line. Priority debts include child support and alimony, wages you owe to employees, and certain tax obligations. Additionally, your plan must encompass your normal payments on secured debts.
The plan must establish that any income you have remaining after getting to these compulsory payments will go toward paying off your unsecured debts. You don't have to repay these unsecured debts in full. You just have to exhibit that you're applying any unconsumed income towards their repayment.
How Long Will You Make Repayment
The length of your repayment plan hinges upon how much you earn and how big your debts are. If your normal monthly income during the six months before the date you filed for bankruptcy is more than the average income for your state, you'll have to propose a five-year plan. If your income is smaller than the standard, you may offer a three-year plan.
Regardless of how much you earn, your plan ceases when you repay each of your debts in full, even if you've not progressed to the three- or five-year mark.
What Happens If You Can't Produce Plan Payments
If you sustain a job loss after embarking on a payment plan or discover that you can't sustain the payments on your Chapter 13 bankruptcy plan, the bankruptcy trustee may modify your plan. It's even feasible that the court could allow for the discharge of your debts on the ground of hardship. Hardship may include the abrupt loss of a job due to a company closedown or a serious debilitating sickness. If the bankruptcy court won't allow you to change your plan or give you a hardship discharge, you may be able to shift to a Chapter 7 bankruptcy.
How Does a Chapter 13 Case End
After you complete your repayment plan, each continuing debt that's eligible for a discharge is wiped out. But, before you'll be able to obtain a discharge, you must demonstrate to the court that you're up-to-date on your child support responsibilities and that you've completed a budget counseling course with an agency licensed by the United States Trustee. This budget counseling course is in addition to the compulsory credit counseling you go through prior to filing for bankruptcy.
About the Author:
Harvey L. Cox is a licensed attorney who operates a bankruptcy information site. Please visit
The Bankruptcy Law Information Center to get additional quality bankruptcy information and tips.