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Chapter 13 bankruptcy is a court-supervised debt adjustment procedure. This debt relief option is available to individuals with regular income who have unsecured debts totaling less than $383,175 and secured debts totaling less than $1,149,525.
The Chapter 13 debtor files a bankruptcy petition that is virtually identical to the Chapter 7 petition, including a detailed financial statement and listing of assets and liabilities.
The Chapter 13 debtor files a plan that provides for repayment of debts over a three- to five-year period. The plan is usually a five-page form. The court appoints a Chapter 13 trustee, whose job it is to receive payments from the debtor and disburse funds to creditors.The Chapter 13 trustee acts as a disbursing agent, not as a liquidating trustee. The debtor remains in possession of all of his or her property, both exempt and nonexempt. Upon completion of payments under the plan, the debtor typically receives a discharge of remaining debts, even if he or she has paid less than 100 percent of the debt. There may be some exceptions.
Contact Jonathan Stone ESQ CPA MST LLC to schedule a consultation with a lawyer today. 908-829-6555
Most Chapter 13 plans provide for only a partial repayment of debt.
To be approved by the court, the debtor’s plan must provide for the debtor to pay to the Chapter 13 trustee a sum equal to the debtor’s disposable income for at least 36 months. This figure takes into account the debtor’s regular monthly living expenses.
The plan must pay creditors at least as much as what those creditors would receive if the case were in Chapter 7. Thus, the amount that will be repaid to creditors is dependent upon the debtor’s income and assets. The debtor’s plan needs to be filed in good faith, with no attempt to hide debts or assets.
Is Chapter 13 bankruptcy the most appropriate debt relief option in your case? Discuss your financial circumstances with a lawyer at The Law Offices of Jonathan Stone in Hackettstown, New Jersey.
First, you’ll need to prove your eligibility through the means test we mentioned earlier. If you’re eligible, filing for a Chapter 13 bankruptcy will stop any foreclosures, wage garnishments, repossessions, lawsuits, or other harassment by your creditors. While we’ll help you create a repayment plan, the court must approve your plan. The court will determine whether you have proposed this plan in good faith, that the amount your unsecured creditors will receive is not less than you would have paid with a Chapter 7 filing. Also, your payments must maximize all your disposable income – which means all your income that does not go toward your support and maintenance. It’s a complex process, but with an experienced bankruptcy lawyer by your side, you can have the confidence that you will come out of the process with success. To start the process, get in touch with our office today.
Disclaimer: We are a debt relief agency. We are attorneys who help people file for bankruptcy relief under the bankruptcy code.
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Bankruptcy Law
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Phone: 908-829-6555
490 Schooleys Mountain Road
Bldg. 3A
Hackettstown, New Jersey 07840
We are a debt relief agency. We are attorneys who help people file for bankruptcy relief under the bankruptcy code.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
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