Chapter 13 is a type of bankruptcy where the debtor will repay most of his or her debts. The remaining debt will either be discharged or will be repaid through the sale of the debtor’s property. "Discharge" means that the debtor will no longer be legally obligated to pay back the debt.
In order for the debtor to repay the debt, the debtor must propose a repayment plan. The repayment plan must meet a number of requirements before the court will approve the plan. At the end of the plan, the court will discharge the remainder of the debt not paid by the plan.
Chapter 13 plans are either three years long or five years. A court may grant additional time if the debtor cannot complete a three year plan within the allocated time.
This depends on the means test. If the debtor ‘passed’ the means test, the debtor will have a choice between Chapter 7 and Chapter 13 bankruptcy. If the debtor chooses Chapter 13, the debtor may choose between a three year plan and a five year plan.
If the debtor "failed" the means test, the debtor must file for Chapter 13, meet an exception, or have the case dismissed. If the debtor files for Chapter 13, the plan will be five years long. The debtor must file a five year plan if the debtor does not meet the requirements of the means test.
The bankruptcy court will confirm the plan if the plan passes the following requirements:
There are four options if the debtor is struggling to meet the terms of the plan. The court may:
Filing for Chapter 13 bankruptcy can be very complicated. Creating a repayment plan that a bankruptcy court would approve can be challenging by itself. An experienced bankruptcy attorney can make all the difference.
Last Modified: 05-16-2014 04:13 PM PDTLaw Library Disclaimer
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