Having money problems can be overwhelming, so deciding to file for bankruptcy is a big decision. Chapter 13 bankruptcy is a type of bankruptcy that lets people get rid of their debts and make a repayment plan. Are you ready to file for Chapter 13 bankruptcy?
Chapter 13 bankruptcy is a way for people who earn a regular income to make a plan to pay off their debts. Chapter 13 bankruptcy is different from Chapter 7 bankruptcy. Chapter 13 bankruptcy is about reorganizing debts and making a plan to pay them off over three to five years.
In this blog post, we’ll talk about Chapter 13 bankruptcy, its advantages and disadvantages, and how to decide if it’s right for you.
What Does Chapter 13 Bankruptcy Mean?
When you file for Chapter 13 bankruptcy, the court makes a repayment plan. This plan explains how you will pay back your creditors in the next three to five years. Your monthly payments are based on your income, expenses, and debts. During this time, you need to pay a person who handles bankruptcy regularly.
What’s Good About Filing For Bankruptcy Under Chapter 13?
Here are the benefits:
Keep Your Property
Chapter 13 bankruptcy allows you to keep your property, such as your home and car. As long as you keep making payments according to the repayment plan, you can avoid foreclosure and repossession.
Repay Your Debts
Chapter 13 bankruptcy makes it easier to pay off your debts. Instead of dealing with many creditors and different payment deadlines, you only need to make one payment to the bankruptcy trustee.
Stop Collection Actions
Filing for Chapter 13 bankruptcy immediately stops most collection actions against you. This means that creditors cannot continue with their foreclosure, repossession, or wage garnishment efforts while your case is pending.
You Can Reduce Certain Debts
Chapter 13 bankruptcy can sometimes reduce the total amount of debt you owe. It can strip off junior liens on your home or reduce the balance on certain secured debts to the current market value of the collateral.
Drawbacks of Chapter 13 Bankruptcy
Here are the drawbacks:
A Commitment For The Future
Chapter 13 bankruptcy requires a plan to pay off debt for a long time, usually three to five years. During this period, you must keep a strict budget and pay the bankruptcy trustee regularly.
How It Affects Your Credit Score?
If you file for bankruptcy, your credit score will go down. The bankruptcy will stay on your credit report for up to seven years, which makes it harder to get new credit in that time.
Plan Failure Potential for Plan Failure
If you don’t make the payments under your Chapter 13 plan, your case may be dismissed and you could lose the protections of a bankruptcy filing. This could make your creditors start trying to collect money from you again.
Conclusion
To decide if Chapter 13 bankruptcy is right for you, you need to think about your money situation, ways to get rid of debt, and what you want to do in the future. Chapter 13 is a long-term commitment that could affect your credit score.
You can decide if Chapter 13 bankruptcy is the right choice for you by looking at your money situation, talking to a bankruptcy lawyer, and understanding the process.