By: James Filippi
Filippi Law Firm, P.C., no longer practices bankruptcy.
Filing for bankruptcy can be a daunting and difficult decision to make. However, understanding the different types of bankruptcy can help provide insight into the options that may be available if you are considering this option. This blog will take a closer look at Chapter 13 bankruptcy and answer questions such as: What is it? How is it different from Chapter 7? And what relief is offered through filing for Chapter 13 bankruptcy?
A Chapter 13 bankruptcy is a type of bankruptcy that allows individuals to repay their debts over a three- to five-year period.
Chapter 13 bankruptcy is a type of debt restructuring that allows individuals to keep their property, such as real estate and vehicles. It also gives them the ability to pay off debts over a three- to five-year period in accordance with an approved repayment plan. This can provide debtors with some much-needed financial relief from creditors who may be pressing for payment. Filing for Chapter 13 bankruptcy offers several advantages compared to other forms of bankruptcy, including allowing debtors to retain ownership of most assets and keeping creditors from pursuing collection actions against them during the life of the repayment plan. Additionally, it does not have the same restrictions on income or asset limits as those found in Chapter 7 bankruptcies.
What is a Chapter 13 bankruptcy?
This type of bankruptcy requires a court-approved repayment plan to be filed with the court, which is subject to objection by creditors. The repayment plan typically involves making payments on all debts over this three- to five-year period, although some debts may be paid in full within the initial term. This form of bankruptcy allows debtors to retain their property and assets while also stopping any collection activities from creditors during the life of the repayment plan. Additionally, there are no income or asset limits placed on filers, as there are with Chapter 7 bankruptcies.
How is a Chapter 13 bankruptcy different from a Chapter 7 bankruptcy?
A Chapter 13 bankruptcy is different from a Chapter 7 bankruptcy in a few key ways.
First, whereas Chapter 7 bankruptcy is a liquidation of assets to pay off creditors, Chapter 13 allows debtors to keep their property and repay their debts over a three- to five-year period. Additionally, in order for the repayment plan to be approved by the court and creditors, it must be submitted in detail when filing for bankruptcy. There are also no income or asset limits imposed on filers, as there are with Chapter 7 bankruptcies. This can provide more flexibility when it comes to repaying one’s debts while still allowing them to retain ownership of most assets. Furthermore, credit counseling is not required prior to filing for this type of bankruptcy, unlike in a Chapter 7 case, where it is. Lastly, any collection activities from creditors will stop during the life of the repayment plan, which helps alleviate some of the financial burden that debtors may face from aggressive collection tactics.
What relief is given to a person filing for Chapter 13 bankruptcy?
A person filing for Chapter 13 bankruptcy may be able to keep their home and have some of their debts forgiven.
This type of bankruptcy provides relief by allowing debtors to pay off their debts in installments over a period of three to five years. It also gives them the flexibility to make payments on those debts without being subject to garnishment or levy by creditors. The repayment plan must be approved by the court and creditors, and once it is accepted, collection activities from creditors will stop during the life of the repayment plan. This can provide much-needed financial stability while allowing debtors time to pay back their debts rather than having them all due at once. Additionally, any remaining unsecured debt may be discharged after successful completion of the repayment plan, which can help reduce overall debt burdens for filers.
In conclusion, a Chapter 13 bankruptcy is a type of bankruptcy designed to allow individuals to repay their debts over a three- to five-year period. While it does differ from a Chapter 7 bankruptcy in some respects, both options offer relief for overwhelmed debtors. A person filing for Chapter 13 bankruptcy may be able to keep their home and have some of their debts forgiven. For those struggling with debt, this can be an important step towards recovering financial stability.
Filippi Law Firm, P.C., provides legal services in estate planning, probate, trust administration, trust litigation, and business law in the greater Sacramento area, with a focus in Rocklin, Roseville, Lincoln, and Granite Bay. Give us a call at (916) 333-7910 or fill out the contact form to get in touch with our office. Consultations are free, and they can be done over the phone, via Zoom, or in person at our office in Rocklin.
