Another way of becoming debt free is filing for bankruptcy. Of course this should be the last end result, but even then it is not as easy to be granted a bankruptcy as it use to be. If you have no income and cannot save money, you may need to speak with a local bankruptcy attorney to see if filing for bankruptcy protection is the best way for you to get the benefits of debt relief.
Chapter 13 bankruptcy, also known as “reorganization bankruptcy” or “wage earner’s plan,” is a type of bankruptcy under the United States Bankruptcy Code. It is designed for individuals with a regular source of income who want to restructure their debts and create a manageable repayment plan over a period of three to five years.
In a Chapter 13 bankruptcy, the debtor proposes a repayment plan to the bankruptcy court, outlining how they intend to repay their creditors over the specified period. The plan typically includes priority debts (such as taxes and child support) that must be paid in full and can also include unsecured debts (like credit card debt) and secured debts (such as mortgage or car loans).
Key Features of Chapter 13 Bankruptcy:
- Repayment Plan: The debtor’s proposed repayment plan outlines how they will repay their debts over three to five years. The plan must be approved by the bankruptcy court.
- Automatic Stay: Filing for Chapter 13 bankruptcy triggers an automatic stay, which stops creditors from pursuing debt collection actions while the repayment plan is in effect.
- Debt Discharge: After completing the court-approved repayment plan, the debtor may receive a discharge of any remaining eligible debts, meaning they are no longer legally obligated to repay those debts.
- Protecting Assets: Chapter 13 allows debtors to keep their property and assets while catching up on missed payments (e.g., mortgage or car loan arrears) over time.
- Co-Debtor Stay: Chapter 13 may provide co-debtors (e.g., co-signers on loans) with protection from collection actions during the repayment period.
Advantages of Chapter 13 Bankruptcy:
- Provides an opportunity for individuals with a regular income to restructure their debts and repay them over time.
- Allows debtors to keep their property and avoid foreclosure or repossession through a repayment plan.
- Provides protection from creditor actions during the repayment period through the automatic stay.
- Offers a path to debt relief while maintaining control over assets and finances.
- May offer a way to address priority debts that cannot be discharged in Chapter 7 bankruptcy.
Disadvantages of Chapter 13 Bankruptcy:
- Requires a stable income to make regular payments under the repayment plan.
- The repayment period can be relatively long (three to five years).
- Not all debts may be dischargeable, and the debtor remains legally obligated to pay certain obligations.
- Bankruptcy can have a negative impact on the debtor’s credit score and financial history.
It’s essential to consult with a qualified bankruptcy attorney to assess your financial situation and determine if Chapter 13 bankruptcy is the right option for you.