What is a Chapter 13 bankruptcy repayment plan? What would mine look like?
According to Statista, in 2021, Alabama had the highest personal bankruptcy filing rate in the United States, with 296.44 per 100,000 inhabitants filing for bankruptcy.
Typically, when it comes to personal bankruptcy, there are two types: Chapter 7 and Chapter 13. While these may fall under the same umbrella, there are a few key differences when it comes to their distinctions.
More specifically, Chapter 13 bankruptcy is also called the “wage earner’s plan”. This is usually a more desirable avenue for debt relief than Chapter 7 because it enables a customer to keep certain valuable assets out of a creditor’s reach. The debtor then proposes a plan with a help of a bankruptcy attorney to repay creditors over a reasonable period of time.
Here is a guide to Chapter 13 repayment plans for any Auburn or Opelika resident looking to file Chapter 13 bankruptcy from David S. Clark, an experienced bankruptcy attorney in Alabama.
What is the Chapter 13 Repayment Plan
The Chapter 13 repayment plan is a legal document that establishes how to pay back creditors, typically over 3 to 5 years. Once your unique plan is drawn up, a bankruptcy judge and any creditors will have a chance to assess and possibly challenge any part of your repayment. Once confirmed, you’ll follow the plan and pay back any and all debt over the allotted time.
While it is possible to create your own repayment plan, the process can be extremely complicated, plus without detailed knowledge about Chapter 13 bankruptcy, presenting your plan to the bankruptcy judge can result in failure.
That’s why it is best to work with an experienced bankruptcy lawyer, who can ensure your repayment plan meets all requirements and has your best interests at heart.
DISCLAIMER: The following blog post is just advice, and you will be better served to call David S. Clark with your bankruptcy questions. This blog contains helpful tips and advice, but is not professional legal advice, and shouldn’t treated as such.
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Differences in Debts, Differences in Repayment
Unfortunately, creating a repayment plan is not as easy as placing all your debts in one box with a bow on top. Generally, your debts will be split into three different categories in your Chapter 13 bankruptcy repayment plan.
Aptly named, priority debts are the debts that must be paid off during a Chapter 13 repayment plan. These can include a number of types of debt but a few examples include the taxes you owe, the cost of filing for bankruptcy, and child/spousal support payments.
Secured debts are backed by a home mortgage, auto loan, business equipment, inventory, or any other type of collateral. Depending on the foundation around the secured debt, you could be required to pay back the value of the collateral or the full payment of the debt.
Unsecured debts typically come in the form of medical bills, credit cards, or unsecured personal loans. These debts are typically last on the list in terms of Chapter 13 repayment, which means that it’s totally possible for creditors not to be paid in full and these debts are “discharged” at the end of your plan.
David S. Clark – Auburn and Opelika Chapter 13 Bankruptcy Attorney
When it comes to Chapter 13 repayment plans, every plan is unique. That’s why having a dedicated Chapter 13 bankruptcy attorney can not only help establish the best repayment plan for you but do so with your best interests at heart.
David S. Clark is an Auburn and Opelika, Alabama bankruptcy attorney that understands the complex nature of Chapter 13 bankruptcy. For more information, contact David S. Clark today!
DISCLAIMER: The above blog post is just advice, and you will be better served to call David S. Clark with your bankruptcy questions. This blog contains helpful tips and advice, but is not professional legal advice, and shouldn’t treated as such.