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Chapter 13 Bankruptcy Checklist
by Attorney Albin Renauer
What it takes to successfully complete a Chapter 13 bankruptcy.
1. Make sure Chapter 13 is the right choice. Learn about your other options, including Chapter 7 bankruptcy, to determine whether or not Chapter 13 bankruptcy is right for you.
2. Analyze your debt. If you're debts are too high, you may not eligible or you may not be able to propose a feasible plan. See Are You Eligible for Chapter 13 Bankruptcy?
3. Gauge your income. You must have sufficient income to make payments under a Chapter 13 plan. If you don't, the court will not let you proceed. See Your Obligations Under a Chapter 13 Plan.
4. Determine value of your property. Before you file, you'll need to know how much property you own and how much of it is exempt. This will factor into the amount you'll have to pay under a Chapter 13 bankruptcy plan.
5. Fill out the bankruptcy forms. Once you've determined that you qualify, you must enter all of your financial data on official bankruptcy forms, and map out your repayment plan.
6. File your forms. When everything is checked and ready, file your forms and plan with the bankruptcy court to get the process under way.
7. Attend two hearings. Within a few weeks after you file, you'll meet with the trustee at the courthouse to review your forms and your plan. Creditors may also attend this meeting, and may ask you questions or perhaps negotiate the terms of your plan. Shortly after this meeting (perhaps even the same day) you will attend a confirmation hearing at which the bankruptcy judge will decide whether to confirm your plan. Creditors can raise objections to your plan at this hearing, and the judge will rule on them.
8. Make payments. You must start to make payments according to your repayment plan within 30 days. You may have to go back to court if any problems arise during your case. If you miss payments, your case will be dismissed.
FAQs
- What are the main differences between Chapter 7 and 13?
- What happens after the plan is approved?
- I think a Chapter 13 discharge might be right for me. What debts will I be able to discharge?
- What about if I decide the trustee or creditor is right and I want to change my Chapter 7 bankruptcy. Can we just agree to do it?
- So does that mean I can file for Chapter 13 as often as I want?
Bankruptcy and Debt Resources
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