What Everybody Ought to Know About Chapter 13
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.
A Chapter 7 bankruptcy is what most people imagine when they consider filing for bankruptcy. Although a few items are exempt, most of the petitioners assets will be sold. Debts that are unsecured, like medical bills and credit cards, will be discharged, and other debts will be rescheduled for payment. However, the United States Trustee over Chapter 7 bankruptcies requires that a means test be applied. This would deny Chapter 7 relief to anyone making enough money that their claim might be abusive.
However, there is an alternative to Chapter 7 bankruptcy available, Chapter 13 bankruptcy. Chapter 13 bankruptcy is also known as reorganization bankruptcy because it involves reorganizing the debtors finances in such a way as to allow eventual repayment. The Chapter 13 option is useful for people that have nonexempt assets that they wish to keep (assets that would be liquidated under Chapter 7) or people that have a predictable income and can technically pay off their debt if it is adequately restructured. Importantly, Chapter 13 also extends special protection to third parties that may be liable for debts, such as a co-signer or spouse. Unlike a Chapter 7 liquidation that discharges debt within a few months, Chapter 13 filings lead to the creation of a Chapter 13 reorganization plan that remains in effect for three to five years.
There are certain requirements to be met before filing for Chapter 13 reorganization. There are dollar restrictions on the amount of debt that can be restricted; more than $336,900 in unsecured debt or $1,010,650 in secured debt will disqualify a petitioner from filing a Chapter 13. The debtor must show that he or she will have a reliable income that will remain steady throughout the reorganization period. This income must be enough that once required living expenses are deducted there will be enough money to begin paying the debt down in a significant way.
It is interesting to note that stockbrokers and commodity brokers are not allowed to file a Chapter 13 bankruptcy, even for their personal finances. Chapter 13 bankruptcy is available to most people that can qualify with these very basic restrictions.
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 credit repair secret please visit them on the web. Finance the Dream offers rent to own houses throughout the United States.