What Everybody Ought to Know About Chapter 13
Thursday, September 17th, 2009
Many Americas were completely unprepared for the huge-scale downturn and financial crisis that is currently happening all over the world. Because so many Americans were unprepared and easy credit dried up, their expenses and liabilities quickly outstripped their ability to pay for their lifestyles. The financial crisis causes a tightening of credit all over, in turn leading to astounding increases in bankruptcy filings in the United States.
Many people considering filing for bankruptcy think of the more traditional Chapter 7 bankruptcy procedure first. This typically involves the wholesale liquidation of the petitioners assets, although there are some items that are exempt. Most unsecured debts, like credit card debt and medical bills, are discharged. Today, the United States Trustee who oversees Chapter 7 bankruptcies also imposes a strict means test, which may deny Chapter 7 relief to persons with income such that the bankruptcy claim appears to be abusive.
Chapter 13 bankruptcy, or reorganization bankruptcy, is an alternative to Chapter 7. Chapter 13 bankruptcy reorganizes the petitioners monies so that debts can eventually be repaid. People who have nonexempt assets or properties they wish to keep find a Chapter 13 to be a useful option to a Chapter 7 that would require those assets to be liquidated. This is also a good choice for people that have a predictable income and would be able to pay off their debts if a restructuring and rescheduling took place. Under a Chapter 13 bankruptcy third parties are protected; a co-signer or spouse would have special protection. While a Chapter 7 discharges debts and liquidates assets in a matter of months, the reorganization plan that a Chapter 13 creates will be in effect for three to five years.
There are certain restrictions that come into play when considering a Chapter 13 petition because it is a reorganization of finances rather than a discharge of debts. To be eligible a debtor must be able to demonstrate a reliable income that will be steady for the duration of the reorganization plan. Once a steady income is proven, then living expenses are subtracted and if there is money remaining to make significant payments the petitioner will qualify. However, any unsecured debts over $336,900 and secured debts over $1,020,650 will disqualify a petitioner.
Along with the above restrictions, stockbrokers and commodity brokers are not permitted to petition for Chapter 13 protection, for business or personal finances. However, most people will qualify in spite of the basic restrictions involved.
Filing a Chapter 13 bankruptcy is not a simple process. Most professionals that will assist a petitioner require some up front fees so it is wise to take action before the situation is completely out of hand. A Chapter 13 bankruptcy requires great discipline, but it can be a good alternative for professionals and those that can be successful in the future.
Wendy Polisi is the founder of Credit Repair College and Finance the Dream. Credit Repair College empowers people to take control of their financial future by learning everything they need to know to repair credit on their own. For more information on free credit repair please visit them on the web. Finance the Dream offers rent to own houses throughout the United States.