Chapter
13 is an interest-free debt repayment plan through
which you consolidate your debts and
make a payment on your debt over a 3 to 5 year
period.
While in a chapter 13 debt repayment plan, the creditors
cannot collect from you, and the creditors are required
by a Federal Court order to adhere to the terms of
the plan. One very important thing to remember about
Chapter 13 bankruptcy is that you must be working
or have
a consistent source of income for your repayment
plan to be approved by the court.
Not only must you
be able to pay for your monthly living expenses,
but you must also be able to make a payment to
the court to consolidate your debts.
Debts that are generally consolidated in a chapter
13 are mortgage arrears, balances on vehicle loans,
student loans, credit card debts and other unsecured
debts. All outstanding debts must be included in
the Chapter 13 consolidation.
Stop Foreclosure Immediately
If your home is presently in foreclosure, a Chapter
13 bankruptcy filing will stop the foreclosure
any time prior to the sale, and allow you to repay
your mortgage arrears through your Chapter 13.
You will still be obligated to make all future
mortgage payments directly to the mortgage company,
but they may not foreclose to collect any outstanding
mortgage payments.
Save Your Car
If the "repo" man is looking for your car,
a Chapter 13 bankruptcy will also stop the finance
company from repossessing your car. The past due
payments and the entire balance on your vehicle loan
will be consolidated into the Chapter 13, which you
will pay off over the next three to five years. The
vehicle finance company can no longer repossess your
car, and you will no longer have to make a payment
directly to the finance company. Only one payment
is made, and that is to the Chapter 13 trustee. Under
certain circumstances we can even recover your vehicle
after repossession and consolidate the remaining
balance.
Consolidate Student Loans
Although you may not eliminate student loans in a
Chapter 7 bankruptcy, you can consolidate them,
with your other bills, in a Chapter 13 and stop
collection action against you. A Bankruptcy will
stop the collection action and garnishments related
to student loan debts and consolidate your bills
so that you may repay them in a plan that is feasible
for you. |