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The Pros and Cons of Chapter 13 Bankruptcy

The Pros and Cons of Chapter 13 Bankruptcy: An In-Depth Look

What is Chapter 13 Bankruptcy?

Alright, let’s start with the basics – what exactly is Chapter 13 bankruptcy? Well, it’s a type of bankruptcy that allows individuals with a regular income to create a repayment plan to pay off some or all of their debts over a period of three to five years.Unlike Chapter 7 bankruptcy (which is a liquidation bankruptcy where your non-exempt assets get sold off to pay creditors), Chapter 13 lets you keep your stuff – like your house, car, and other valuable assets – as long as you stick to the repayment plan.It’s kind of like a consolidation loan, but court-ordered and with some extra rules and oversight from a bankruptcy trustee. The idea is to give you some breathing room to get back on your feet financially while still paying what you can afford.

Who Qualifies for Chapter 13?

Not everyone qualifies for Chapter 13 though. There are a few key requirements:

• You need to have a steady source of income (job, business, etc.)
• Your unsecured debts (credit cards, medical bills, etc.) can’t exceed $419,275
• Your secured debts (mortgages, car loans, etc.) can’t exceed $1,257,850
• You can’t have had a bankruptcy case dismissed in the last 180 days for certain reasons
• You have to complete credit counseling from an approved agency

So if your total debt load is crazy high or you don’t have any income coming in, Chapter 13 might not be an option. But for a lot of folks struggling with debt, it can provide a way out.

The Pros of Filing Chapter 13 Bankruptcy

Okay, so what are some of the potential benefits of going the Chapter 13 route? Here are a few key pros to consider:

You Can Keep Your Assets

This is probably the biggest draw of Chapter 13 for most people. Unlike Chapter 7 where the bankruptcy trustee can seize and sell off your non-exempt property, with Chapter 13 you get to hang onto your house, cars, furniture, and other possessions.As long as you can make the payments outlined in your repayment plan, the court lets you keep that stuff. So it’s a way to press the reset button on your finances without losing everything you own.

Catch Up on Missed Mortgage/Car Payments

Have you fallen behind on your mortgage or car payments and are worried about foreclosure or repossession? Well, filing for Chapter 13 can put an automatic stay in place to stop that process.Your repayment plan will include a way for you to catch up on those missed payments over time while keeping your home or vehicle. It buys you some much-needed breathing room.

Only Pay Back What You Can Afford

With Chapter 13, you don’t necessarily have to pay back every single penny you owe to your creditors. The court will evaluate your income, assets, and expenses to determine a reasonable repayment plan based on what you can actually afford.For many filers, this means only having to repay a portion of their unsecured debts like credit cards or medical bills. The remaining balance on those debts gets discharged (forgiven) at the end of the repayment period.

Stop Wage Garnishment and Harassment

If you’re dealing with aggressive debt collectors garnishing your wages or blowing up your phone, the automatic stay that goes into effect when you file for Chapter 13 puts an end to that.Collection calls, letters, lawsuits – it all gets put on pause while you work through the bankruptcy process. That sense of relief from the constant harassment is huge for a lot of folks.

More Debts Can Be Discharged

Certain types of debts that can’t be discharged in a Chapter 7 bankruptcy may be eligible for discharge under Chapter 13. We’re talking things like:

• Debt from willful and malicious property damage
• Certain types of tax debt
• Debts from property settlements in divorce cases

So in some cases, Chapter 13 can provide a more comprehensive fresh start than Chapter 7.

The Cons of Filing Chapter 13

Of course, Chapter 13 bankruptcy isn’t all rainbows and butterflies. There are some potential downsides to be aware of too:

It’s a Long, Strict Process

Let’s be real – having to stick to a strict repayment plan set by the court for three to five years is no walk in the park. You’ll be on an extremely tight budget during that time, with very little wiggle room for unexpected expenses that pop up.And if you miss too many payments or violate the terms of the plan in other ways, the court can dismiss your case entirely. Then you’re back to square one, but with a bankruptcy on your record and still owing all that debt.

Bankruptcy Stays on Your Credit for Years

Speaking of that bankruptcy on your record, it’s not going away anytime soon. A Chapter 13 filing can remain on your credit reports for up to 10 years from the filing date, making it harder to get approved for loans, mortgages, credit cards and even some jobs or apartment rentals during that time.Yes, having accounts in good standing will help rebuild your score over time, but that bankruptcy notation is still a big red flag for potential lenders and creditors.

You’ll Likely Need to Pay Attorneys’ Fees

Most Chapter 13 filers hire a bankruptcy lawyer to assist with the complex paperwork and court procedures involved. And those legal fees (often $3,000-$5,000 or more) have to be paid through your repayment plan, reducing what you can put toward your actual debts.There are some non-profit legal aid clinics that may be able to help for free if you qualify based on income. But for many, those attorney costs are an unavoidable added expense.

Not All Debts Are Dischargeable

Unfortunately, filing Chapter 13 bankruptcy doesn’t make all your debt problems go away. Certain types of debt cannot be discharged, including:

• Most student loans
• Recent tax debts
• Child support and alimony arrears
• Debts from personal injury or DUI accidents

You’ll still be on the hook for those even after completing your repayment plan. So it’s not a total fresh start in that sense.

Co-Signers May Still Be Pursued

If you had a co-signer on any loans or debts, that co-signer could still be pursued by creditors for the full remaining balance even after your personal liability is discharged in Chapter 13.The automatic stay protects you from collections, but not necessarily the co-signer. That’s something to keep in mind if you don’t want your repayment plan to negatively impact others.

Is Chapter 13 Right for You?

So those are some of the key pros and cons to mull over if you’re considering filing for Chapter 13 bankruptcy protection. But how do you know if it’s ultimately the right choice for your specific situation?Well, here are a few scenarios where Chapter 13 might make the most sense:

• You have a steady income source and want to keep major assets like your home or car
• You’ve fallen behind on secured debts like a mortgage and need breathing room to catch up
• Your debts are within the limits for Chapter 13 eligibility
• You have non-dischargeable debts (taxes, student loans, etc.) that need to be repaid over time
• Creditor harassment and wage garnishment are making your life miserable

On the flip side, Chapter 13 may not be ideal if:

• You have virtually no income or assets to protect
• Your total debt load is well above the Chapter 13 limits
• You can’t realistically stick to a multi-year repayment plan
• You need a true fresh start with all dischargeable debts wiped out

At the end of the day, there’s no one-size-fits-all answer. It depends on your unique financial circumstances and goals. That’s why it’s so important to consult with an experienced bankruptcy attorney who can evaluate your case and advise you on the best path forward.

The Chapter 13 Process Explained

Alright, let’s walk through what the actual Chapter 13 bankruptcy process looks like for those who decide to pursue it:

1. Credit Counseling – You’ll need to complete a credit counseling course from an approved agency within 180 days before filing.
2. File Bankruptcy Petition – You’ll submit your official bankruptcy petition, along with detailed info on your income, assets, debts and expenses. Don’t worry, your bankruptcy lawyer can help with this part.
3. Automatic Stay – As soon as your case is filed, the automatic stay goes into effect, temporarily stopping any debt collection efforts against you.
4. Meeting of Creditors – Around 4-6 weeks after filing, you’ll attend a meeting with the bankruptcy trustee assigned to your case (creditors can attend too but rarely do). You’ll be asked questions under oath about your finances.
5. Repayment Plan – Your lawyer will propose a repayment plan outlining how much you’ll pay toward debts each month based on your budget. The trustee and creditors can object before the plan is approved by the court.
6. Make Plan Payments – Once approved, you’ll start making payments to the trustee per the plan, usually bi-weekly or monthly for 3-5 years. The trustee distributes funds to creditors.
7. Financial Management Course – To get your remaining dischargeable debts forgiven, you have to complete a debtor education course before your final payment.
8. Discharge Order – After completing all payments and requirements, the court issues an order discharging any leftover eligible debts so you get that fresh start!

It’s not a quick process by any means. But for many, it’s a way to regain control of unmanageable debt without losing all their property and assets in the process.

Alternatives to Chapter 13 to Consider

Of course, bankruptcy in any form (Chapter 7, Chapter 13, etc.) should always be an absolute last resort after exhausting all other possible options. A few alternatives to look into first:

• Debt Consolidation Loan – Combining multiple debts into one new loan with a lower interest rate and single monthly payment. Can simplify things without bankruptcy.
• Debt Settlement – Hiring a company to negotiate lump-sum settlements with creditors for less than the full balance owed. Risky but can cut your total debt significantly.
• Debt Management Plan – Working with a credit counseling agency to set up a structured repayment plan, often with reduced interest rates and fees from creditors. More affordable than bankruptcy in some cases.
• Creditor Negotiation – Reaching out directly to lenders and creditors yourself to request lower interest rates, waived fees or alternate payment arrangements to make your debts more manageable.

The key is being proactive and exploring all possibilities before pulling the bankruptcy trigger. An experienced debt relief agency or credit counselor near you can help evaluate which path makes the most sense.