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Chapter 13 Bankruptcy
Unlucky 13 is actually one of the better options when it comes to bankruptcy.
With an organized repayment plan and option to hang on to assets this type of
bankruptcy, though serious, is much less detrimental than others.
Like Chapter 11 bankruptcy, Chapter 13 is a reorganization bankruptcy. With
this type of bankruptcy a trustee is appointed to ensure that the debtor repays
his lender from future earnings. Usually the lender, the court and the person
in debt will decide on a payment plan that can last anywhere from three to five
years.
Chapter 13 is one of the more attractive forms of bankruptcy because it allows
the person in debt to keep their assets, like a house or property, instead of
having to liquidate them as is necessary with Chapter 7 bankruptcy.
The stipulation with this form of bankruptcy is that it’s really only an option
for individuals who have a regular income. In order to file for Chapter 13 bankruptcy
the debtor must have enough income each month to pay living expenses and make
payments on their debt.
Chapter 13 bankruptcy most often comes into play when a homeowner has fallen
behind on their mortgage payments, but is looking for a way to pay back his
lender without getting his house taken away. Chapter 13 can temporarily halt
foreclosure in this situation because the bankruptcy court will order an “automatic
stay,” which prevents creditors from collecting for a period of time. The person
in debt can use this time to catch up on payments. If the person in debt is
unable to catch up on missed payments during this time he will be subject to
inevitable foreclosure.
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