Pros And Cons Of Filing Chapter 13

By: Marcus Peterson
Submitted: 2007-01-17 16:17:34
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Chapter 13 is for individuals with a standard income, keeping in mind their intention to pay their debts but who are unable to do so in a timely manner. The purpose of Chapter 13 is to facilitate financially distressed individual debtors to propose and carry out a settlement plan under which creditors are paid over an extended period of time. Filing of Chapter 13 has many advantages and disadvantages.

Chapter 13 tends to be advantageous because apart from a few prominent exceptions, bankruptcy stops all ongoing legal actions against the debtor. It prohibits a creditor from starting new legal actions against the debtor. It also prevents creditors with notice of the bankruptcy case from communicating with the debtor, or any person except the debtor's attorney, to discuss or seek collection of a debt. Often, it can be seen that liabilities relating to credit card debts, civil judgments, past-due accounts, and rulings due to repossessions and foreclosures may be settled. Similarly, by filing for Chapter 1,3 a person may be permitted to keep all or majority of his or her property through federal or state exemptions. However, certain liens and specific involuntary transfers such as garnishments may only be evaded if timely action is taken.

Filing Chapter 13 has a number disadvantages. Amount outstanding relating to certain taxes, governmental fines, forfeitures and reimbursement, criminal or deceitful conduct, child and spousal support and drunk driving may not be dischargeable. Creditors having security interest in a home or in motor vehicles may be able to reclaim their collateral after the bankruptcy unless the debtor reaffirms the debt. Bankruptcy filings tend to be a matter of public record and are noted on a debtor's credit history for 10 years, making it difficult to acquire credit in future. Disrepute may be associated with bankruptcy, which views a debtor as being financially or socially negligent. Often debtors find the dealings embarrassing as they are required to submit to a public examination details about their financial affairs and must provide detailed financial disclosures, which are made public. In a majority of cases, a debtor may be given an expulsion only once in eight years. Debtors considering bankruptcy must reflect on their financial stability and ability to avoid the problems resulting in the bankruptcy during that period. Along with this, there may be significant tax consequences resulting from a bankruptcy.

Chapter 13 provides detailed information on Chapter 13, Chapter 13 Bankruptcy, Chapter 13 Trustee, Filing Chapter 13 and more. Chapter 13 is affiliated with Filing Bankruptcy.

Article source: Expert Articles

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