Who Should File Chapter 13 Bankruptcy

Bankruptcy happens when an individual or an organization lawfully reveals their inability to resolve the repayments to the creditors. There are certain laws and regulations concerning bankruptcy, and they are targeted at offering a limited form of protection to the creditors and debtors. Bankruptcy chapter 13 is a chapter which is taken in the United States Bankruptcy code which can be chosen by individuals wishing to file for for bankruptcy.


The Bankruptcy Code of the United States is contained under Title 11 of the United States code. In this Bankruptcy code, there are detailed chapters which establish various forms and positions of bankruptcy. Bankruptcy chapter 13 is also one option accessible to a bankrupt individual. Debtors may select to file the bankruptcy under Chapter 7 which would ensue in liquidation or straight bankruptcy, chapter 12 (reorganization which is similar to Chapter 13 but offers additional benefits for farmers and fishermen), Chapter 11 and Chapter 13 which is the reorganization of the business. What Is More, in many cases the debtor can even change to another detailed chapter from chapter 7 or 11 when confronted with involuntary bankruptcy.

Bankruptcy chapter 13 allows an individual to undergo financial restructuring under the supervision of the federal bankruptcy court. However, not every person can file bankruptcy chapter 13 since there are specified requirements that have to be met. In order for a debtor to successfully file bankruptcy chapter 13, they must have an accessable income to begin a repayment plan to settle the creditors. Furthermore, the Bankruptcy Code has assigned debt limits for an person to be entitled to file Chapter 13, amounting to no more than $336,900.00 in unsecured debts and $1,010,650.00 in secured debts.

Under bankruptcy chapter 13, an individual proposes a 3 to 5 year plan to resolve the creditors and the repayments should begin within thirty to forty five days after the original bankruptcy case has been filed. In plus, during this period of time, the creditors are allowed to collect their previous debts only through the bankruptcy code. Usually, the creditor will be permitted to retain his property and the creditors will be settled an amount less than the actual owed debt.

However, there are particular disadvantages of bankruptcy chapter 13 for instance; the filing for bankruptcy will stay on in the individuals credit report for up to ten years and he/she cannot acquire any more credit without the commendation of the bankruptcy code. In addition, creditors may not be prompted to provide credit to an individual in this situation.
Therefore, bankruptcy chapter 13 provides security to debtors while supplying creditors a way to reclaim their money. Overall, it can be seen as a pretty great alternative particularly for debtor.

By: Jamie Wright

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