Chapter 13 bankruptcy proceeding allows the individual debtor to pay down his debts, either the entire amount or a part of it, with the help of a payment plan under the supervision of the court. Debtors filing this chapter can keep their assets with them while they follow the plan or after they have paid off the required portion of debt. It involves the rehabilitation of the debtor to allow him or her to use future earnings to pay off creditors.
A chapter 13 bankruptcy is also called a wage earner's plan. Under this chapter, debtors propose a repayment plan to make installments to creditors over three to five years. Chapter 13 is designed for individuals with regular income who want to pay their debts but are unable to do so in a timely manner. The purpose of Chapter 13 is to enable financially distressed individual debtors to propose and carry out a repayment plan under which creditors are paid over an extended period of time generally three to five years.
During this time the law forbids creditors from starting or continuing collection efforts.
A plan providing for payments over more than three years must be for cause (a reason) and must be approved by the court. In no case may a plan provide for payments over a period longer than five years.
Any individual, even if self-employed or operating an unincorporated business is eligible for Chapter 13 relief. Eligibility is contingent on the fact that the individual's unsecured and secured debts are between certain dollar amounts that are adjusted annually by statute. A corporation or partnership may not be a Chapter 13 debtor.
A Chapter 13 case begins when a debtor files a petition with the bankruptcy court. The debtor must file the following documents with the court:
Upon the filing of the petition, an impartial trustee is appointed to administer the case. The primary role of the Chapter 13 trustee is to serve as a disbursing agent, collecting payments from debtors due under the plan and, in turn, distributing these payments to creditors.
There is a filing fee of $274 payable at the time of filing. The debtor may petition the court to pay this fee in four installments.
A husband and wife filing jointly need to pay the fees only once. But if only one spouse files for bankruptcy, that spouse must provide financial information about both spouses so that the court can evaluate the couple’s financial situation.
If you need for Columbus GA bankruptcy attorney or interested in a Chapter 13 bankruptcy, then call now.
Our Chapter 13 bankruptcy lawyers are located in Columbus, Georgia. We handle bankruptcy and debt relief cases in and near Columbus, Chattahoochee County, Harris County, Marion County, Muscogee County and Troup County.
For a consultation, contact us today.