January 2, 2010
Bankruptcy Chapter 13
Bankruptcy happens when an person or an establishment legally reveals their inability to resolve the payments of the creditors. There are particular laws and regulations concerning bankruptcy, and they are targeted at supplying a form of protection to both the creditors and the debtors. Bankruptcy chapter 13 is a chapter which is held in the United States Bankruptcy code which can be picked out by individual filing for bankruptcy.
The Bankruptcy Code of the United States is held under Title 11 of the United States code. In this Bankruptcy code, there are certain chapters which constitute different forms and positions of bankruptcy. Bankruptcy chapter 13 is also one alternative accessible to a bankrupt individual. Debtors may pick out to file the bankruptcy under Chapter 7 which would ensue in liquidation or straight bankruptcy, chapter 12 (reorganization which is similar to Chapter 13 but offers additional benefits for farmers and fishermen), Chapter 11 and Chapter 13 which is the reorganization of the business. Furthermore, in many cases the debtor can even change to another specific chapter from chapter 7 or 11 when presented with involuntary bankruptcy.
Bankruptcy chapter 13 allows an person to undergo financial restructuring under the supervision of the federal bankruptcy court. Nonetheless, not every person can file bankruptcy chapter 13 since there are limited requirements that have to be satisfied. In order for a debtor to successfully file bankruptcy chapter 13, he/she must have a disposable income to start a payment plan to settle the creditors. Moreover, the Bankruptcy Code has assigned debt limitations for an person to be entitled to file Chapter 13, amounting to no more than $336,900.00 in unsecured debts and $1,010,650.00 in secured debts.
Under bankruptcy chapter 13, an individual proposes a 3 to 5 year plan to settle the creditors and the refunds should begin within thirty to forty five days after the original bankruptcy case has been filed. In addition, during this time period, the creditors are allowed to collect their previous debts only through the bankruptcy code. Ordinarily, the creditor will be permitted to retain his property and the creditors will be settled an amount less than the actual owed debt.
However, there are certain disadvantages of bankruptcy chapter 13 for instance; the filing for bankruptcy will stay on in the individuals credit report for up to ten years and he/she cannot obtain any more credit without the approval of the bankruptcy code. In addition, creditors may not be driven to provide credit to an individual in this situation.
Thus, bankruptcy chapter 13 provides protection to debtors while supplying creditors a way to recover their money. Overall, it can be seen as a pretty great alternative particularly for debtor.
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