CHAPTER 13 BANKRUPTCY
Residents of Georgia that file for bankruptcy protection under Chapter 13 will be expected to put forward a sound debt repayment plan. A Bankruptcy attorney can develop a court-supervised plan for an individual debtor with a regular source of income. The detailed plan must outline how creditors will be repaid during the forthcoming three to five years. The plan will be based on income, debt and the amount unsecured creditors would have received if you had chosen to file for bankruptcy under Chapter 7.
WHAT IS CHAPTER 13?
Chapter 13 is making a plan. The plan has to be court-approved, and it allows you to repay debts on your own terms while being legally protected from creditors. Chapter 13 usually requires the help of a professional bankruptcy attorney.
Is Chapter 13 My Better Option?
A Bankruptcy attorney will offer advice, but in general, Chapter 13 bankruptcy may work better than Chapter 7 if…
You are behind with your car loan payment and don’t want to have the auto repossessed or you are past due on your mortgage payment and want to save your property from foreclosure. In either of those cases, Chapter 13 may be a good option for you. Just remember that the repayment plan should show you are in a position to maintain current monthly repayments and pay outstanding amounts.
You are aiming to strip off an unsecured second mortgage on your property. If the property has not been used to secure the debt, a Chapter 13 repayment plan could wipe out the second mortgage. For instance, your Gwinnett County home is currently valued at $250,000. Your first mortgage is worth $300,000 and the HELOC (Home Equity Line of Credit) stands at $50,000. Under Chapter 13 the $50,000 debt could be stripped off.
You are endeavoring to cram down secured debt that outweighs the property value. Consult a Duluth Gwinnett County Bankruptcy Lawyer and he may be able to hatch a repayment plan that eliminates the crammed down debt via monthly payments. For example, your car loan stands at $9,000; but the auto is worth just $6,000. In this case, you should propose to pay the creditor the amount outstanding in sixty monthly payments, plus interest.
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Restrictions on Cramdowns
It is important to note that a car loan on a new or used auto cannot be crammed down if the vehicle was bought thirty months before filing for bankruptcy. Personal property is also subject to other cram down restrictions.
Consider Chapter 13 IF…
You own numerous non-exempt assets that you would be unable to keep under the Chapter 7 laws. Your future income will fund the proposed repayment plan, so under Chapter 13 you will not have to relinquish ownership of a property.
You are unable to negotiate a payment plan with the IRS to repay a significant amount of back tax.
A court-supervised plan to settle the debt would be beneficial
An experienced Duluth Bankruptcy Lawyer will be able to support your cause. The Chapter 13 bankruptcy laws are complex, but the Cornwall Law Firm will analyze your situation and create a manageable Chapter 13 repayment schedule.
Attorney Keith Cornwell helps people to file for bankruptcy under the bankruptcy code. Contact us to chat about bankruptcy or to discuss debt repayment. You will be offered a free initial consultation with an experienced Bankruptcy Lawyer. Email the firm today, or call (404) 791-4449.