Category Archives: Chapter 13
With Car Repossessions on the Rise, Chapter 13 Protection Can Be Vital
The U.S. is witnessing a drastic surge in vehicle repossessions, with rates reaching levels unseen since the aftermath of the 2008 financial crisis. Repossessions in 2024 were up 23 percent compared to the prior year, which is also 14 percent higher than the 2019 pre-pandemic levels. As purchase prices and borrowing costs have risen substantially, […]
Is Chapter 13 a Better Option for a Sole Proprietor Than Chapter 11?
For a small business owner facing financial distress, choosing the right bankruptcy option is critical to protecting their assets while achieving debt relief. While Chapter 11 bankruptcy is an option, it is typically a complex and costly process that may not be the best fit for sole proprietors. Chapter 13 bankruptcy, by contrast, offers a […]
The Bankruptcy Automatic Stay: How to Make it Last
The bankruptcy automatic stay is a critical protection in both Chapter 11 and Chapter 13 bankruptcy cases, pausing all collection actions against the debtor once the case is filed. In general, the automatic stay remains effective for the duration of the bankruptcy proceedings. However, the stay can be lifted in certain circumstances, such as where […]
Deciding on a 3-Year or 5-Year Chapter 13 Repayment Plan
In a Chapter 13 bankruptcy, debtors repay a portion their unsecured debts over a period of three or five years and then are granted a discharge of the remainder. All debtors have the option of taking five years to complete a repayment plan, but some may be able to select a three-year schedule, which has […]
Advantages of Lien Stripping in Chapter 13 Bankruptcy
A Chapter 13 bankruptcy is a procedure for steady wage earners to reorganize their heavy debt by paying off a portion of it over time. A structured repayment plan proposed by the debtor is approved by the court and managed by an appointed trustee. It provides a way to reduce debt burdens, lower monthly payments, […]
Using Chapter 13 for Relief From Credit Card Debt
Crushing debt from credit card charges can feel inescapable. Minimum payments barely make a dent, and the stress of looming balances can be paralyzing. If you’ve explored other options and are still overwhelmed, Chapter 13 might be a path to financial freedom. Here is a primer on how this form of bankruptcy treats credit card […]
Which Types of Debts Can Be Discharged in Chapter 13 but Not in Chapter 7?
Chapter 7 and Chapter 13 are forms of bankruptcy that offer relief from debt in order to gain a fresh financial start. However, there are differences between them that are important to deciding which type of bankruptcy to pursue. Although Chapter 7 generally results in a full debt discharge, there are certain debts that only […]
What Are Your Options if You Can’t Make Your Payments Under Chapter 13?
The core of a Chapter 13 bankruptcy is the establishment of plan calling for you to repay a portion of your unsecured debt on a monthly basis over a three- to five-year period. These plans are designed to be manageable, but things can happen in life that cause you to struggle to make your payments. […]
Understanding the Rules for Repeat Bankruptcy Filings
Even after getting a fresh start by filing for bankruptcy, it is possible to fall on hard times again. Whether due to an illness, job loss or something else, you may find yourself needing to consider a repeat bankruptcy. The good news is that you can file bankruptcy as many times as you need to […]
What to Do if the Bankruptcy Trustee Tries to Dismiss Your Chapter 13 Case
The core benefit of Chapter 13 bankruptcy is that it restructures your unsecured debt into a three- to five-year repayment plan. However, you have an obligation to make those payments on time, every time. If you fall behind, the trustee in charge of your case could file a motion to dismiss if. If you are […]
