Posted On: August 30, 2010 by Scott Sagaria

What is chapter 13 bankruptcy?

A San Francisco bankruptcy attorney on: What is chapter 13 bankruptcy?

Who can file for chapter 13? Chapter 13 bankruptcy is a type of bankruptcy where some or all of an individuals outstanding debts are repaid over the course of three to five years. Most people choose chapter 13 if they either make more than is allowed under chapter 7 or want to repay arrears on secured property. Chapter 13 also allows debtors to repay taxes and other debts owed to government agencies.

How is chapter 13 different than chapter 7? Chapter 7 bankruptcy is known as liquidation bankruptcy, where all of the debtors property they are not able to exempt is sold and repaid to creditors. The entire process is about three months and the debtor does not develop any type of repayment plan. Chapter 13 is different in the sense that the debtor can generally keep all of their property and instead uses income or other constant source of money to repay creditors. A monthly payment is made each month and at the end of the plan the debtor receives a discharge.

Why would someone want to file under chapter 13? Chapter 13s are beneficial to those who owe a lot of tax debt or are behind on their secured mortgage payments and just need time to catch up. An ideal chapter 13 debtor is someone with a constant income who will be able to not only make the regular monthly payments on their secured property, but also a little bit more to account for the past due amount and administrative fees associated with chapter 13 administration. It is generally not suggested that someone file chapter 13 if they cannot keep current on their secured property and afford to pay the administration costs.

Are unsecured creditors repaid in chapter 13? It depends. Often debtors make too much money to file under chapter 7 and so there is repayment to unsecured creditors over the course of the plan. Most chapter 13 cases result in only a percentage repayment, although some individuals make enough to fully repay all debts. Chapter 13 can still be a good option even if there is 100 percent repayment because the interest rates are lower and the debts are paid off in five years.

If you have questions regarding bankruptcy in San Francisco or bankruptcy in the greater Bay Area please contact our San Francisco Bankruptcy Attorneys at (415) 946-8882 or (1800) 941-6730 for a free consultation or visit www.sagarialaw.com and request a free face to face appointment in a Sagaria Law office location nearest you. Our team of Bankruptcy Lawyers, Bankruptcy Client Care Specialists and Bankuptcy staff supporting San Francisco and Bay Area consumers in debt can assist you with all aspects of your bankruptcy or bankruptcy litigation case. If you have questions about filing a Chapter 7 bankruptcy, a Chapter 11 bankruptcy, a Chapter 13 bankruptcy, or would like to learn more about bankruptcy litigation, legal debt settlement, mortgage modification, lien stripping, cram down, stopping a foreclosure, wage garnishment, asset protection, discharging a debt, etc. we can help! We have bankruptcy attorneys located throughout California and Oregon who can assist you with all of your debt resolution questions. Please feel free to complete our free online bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy. We look forward to hearing from you, San Francisco Bay Area!

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