Chapter 13

Chapter 13 Bankruptcy Overview

A chapter 13 bankruptcy is a proceeding in which hte debtor seeks to make periodic payments to creditors through a trustee. A trustee is an oficer of the court how administers the chapter 13 case.

An example of a good reason to file a chapter 13 case is because the debtor is behind in mortgage payments. Catching up with past due mortgage payments is not generally an option in chapter 7.

A Chapter 13 can be filed if the debtor received a discharge under Chapter 7 or chapter 11 more than four years ago or the debtor received a discharge under Chapter 13 more than two years ago.

A chapter 13 proceeding will protect a co-debtor on which protections are not available in chapter 7.

 

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