Skilled litigators helping individuals facing difficult times find the best solution

This is an advertisement

What is a Chapter 13 bankruptcy?

On Behalf of | Sep 14, 2023 | Chapter 7 Bankruptcy

Financial turbulence is a reality many face. In such times, understanding the available avenues for relief becomes vital. One is Chapter 13 bankruptcy, designed to offer a lifeline for consumers caught in the web of overwhelming debt.

For many, bankruptcy conjures images of total financial ruin. However, that’s not always the case. Chapter 13 bankruptcy stands out as a structured way to regain financial control.

A structured repayment plan is at its heart

Unlike a Chapter 7 liquidation bankruptcy, where assets are sold off, Chapter 13 allows consumers to keep their assets. Instead, they must draft a repayment plan, typically three to five years. This plan proposes using future income to pay off some or all of their debts.

Protection from creditors

Once you file for Chapter 13, creditors can’t initiate or continue any collection efforts. This automatic stay gives debtors breathing room to structure their finances without the constant pressure of mounting debts or potential lawsuits. It also puts the creditors on a level field because they can’t circumvent the bankruptcy court’s system for distributing the funds available in the bankruptcy.

A chance at a fresh start

Most of the debtor’s remaining debts are discharged upon successful completion of the repayment plan. It means they’re no longer legally required to pay them. This provides an opportunity for a fresh financial start, free from insurmountable debts.

Filers must ensure they understand their responsibilities and rights in the bankruptcy case. Ensuring compliance with those is critical so the case can move forward smoothly.