Chapter 13 also has a special provision that protects third parties who are liable with the debtor on "consumer debts." This provision may protect co-signers. Another advantage of chapter 13 is that it allows individuals to reschedule secured debts (other than a mortgage for their primary residence) and extend them over the life of the chapter 13 plan. Nevertheless, they must still make all mortgage payments that come due during the chapter 13 plan on time. By filing under this chapter, individuals can stop foreclosure proceedings and may cure delinquent mortgage payments over time. Perhaps most significantly, chapter 13 offers individuals an opportunity to save their homes from foreclosure. This chapter discusses six aspects of a chapter 13 proceeding: the advantages of choosing chapter 13, the chapter 13 eligibility requirements, how a chapter 13 proceeding works, making the plan work, and the special chapter 13 discharge.Ĭhapter 13 offers individuals a number of advantages over liquidation under chapter 7. During this time the law forbids creditors from starting or continuing collection efforts. In no case may a plan provide for payments over a period longer than five years. If the debtor's current monthly income is less than the applicable state median, the plan will be for three years unless the court approves a longer period "for cause." (1) If the debtor's current monthly income is greater than the applicable state median, the plan generally must be for five years. Under this chapter, debtors propose a repayment plan to make installments to creditors over three to five years. It enables individuals with regular income to develop a plan to repay all or part of their debts. Proposed Changes to Code and JC&D RulesĪ chapter 13 bankruptcy is also called a wage earner's plan.Confidentiality Regulations for Pretrial Services Information.Privacy Policy for Electronic Case Files.Special Projects of the Rules Committees.Preliminary Drafts of Proposed Rule Amendments.Congressional and Supreme Court Rules Packages.Permitted Changes to Official Bankruptcy Forms.Open Meetings and Hearings of the Rules Committee.How to Submit Input on a Pending Proposal.How to Suggest a Change to Federal Court Rules and Forms.Laws and Procedures Governing the Work of the Rules Committees.Proposed Amendments Published for Public Comment.Pending Changes in the Bankruptcy Forms.Long Range Plan for Information Technology.Judiciary Conferences That Cost More Than $100,000.Journalist’s Guide to the Federal Courts.Asset Management Planning Process Handbook.Statistical Tables for the Federal Judiciary.
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