Bankruptcy Chapter 13- An Introduction
In the United States of America, there are many types of bankruptcy cases. Out of which, Bankruptcy Chapter 13 is the second most common one. Many people file for the same because of its probability of success.
In many cases, creditors stress you to pay the stipulated amount that you have borrowed. It can start from a simple notice on paper to frequent phone calls and, in the worst case, frequent visits to your workplace or home. Chapter 13 Bankruptcy can relieve you from the stressful actions of creditors and allow you to advance legally towards getting out of debt.
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The Process
After filing for relief under Chapter 13 of the US Bankruptcy Code, a debtor presents a possible payment plan for how to pay down the debt. This disallows the creditor from asking for money by unfair means. Since you are protected by the law and the creditor is forced to accept the terms of a confirmed bankruptcy payment plan, you are relieved of the debt and have an opportunity of finding a fair and better way to pay off the amount owed to your creditors. Most often, there is a payment plan period of three to five years, in which you have to pay off your debts to the creditors.
All the terms and conditions are explained and considered with your creditors in the presence of the lawyer. This makes the plan a legal act, and the payment plan will be done with the consent of the court. This payment plan will account for all of your debts and your basic monthly expenses.
Caveat Emptor
Be wise in selecting a payment scheme. Understand your and your family's monthly needs and accordingly make a decision. Be open and free to ask any questions or request information about bankruptcy while filing a case. Be safe and sound in making a decision. Get all your queries answered before getting your case filed, so you understand all the terms of your payment plan. There are many times when people file a case without understanding its repercussions.
For example, if the debt is shared or a co-signor is not taken into consideration, the debt could then be credited to the partner, considering the fact that one person has claimed bankruptcy.
Moreover, in case of married people, all the assets of both spouses will be a part of the bankruptcy. Consider all the factors carefully before filing a case.
Advantages
As your payment plan continues, the court maintains an active role, by analyzing how the payment plan is progressing. Debtor's interests are taken into account by the lawyer in establishing an affordable payment plan. There are many other advantages which one can have with this bankruptcy chapter 13 law. One of them is that you can get a full exit plan for all of your debts. Anyone can request relief under law, if they have debt and need to improve their credit.
Is Bankruptcy Right For You? Talk to Bankruptcy Attorneys Free and Confidential. Licensed bankruptcy attorneys are available. Attorneys will call you to discuss your case for free. Find out if bankruptcy is right for your situation.
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