Filing for Chapter 13 Bankruptcy

Chapter 13 Rules: No Means Test Required

When Congress overhauled the bankruptcy laws in 2005, there was a lot of hubbub over the "means test." The good news is that if you plan to file for Chapter 13 bankruptcy, the means test has no bearing

The Debtor Education Course Requirement in Bankruptcy

Before you can receive a discharge in Chapter 7 or Chapter 13 bankruptcy, you must complete a course in personal financial management (also called the predischarge debtor education course). The purpose of the debtor education course is to teach you how to manage money and use credit wisely after bankruptcy.

Documents Needed For The Meeting of Creditors

Whether you file for Chapter 7 or Chapter 13 bankruptcy, you must attend a mandatory hearing called the meeting of creditors (also called the 341 hearing).

The Chapter 13 Bankruptcy Confirmation Hearing

If you file for Chapter 13 bankruptcy, the court will hold a confirmation hearing. This hearing is central to your Chapter 13 case because it is where the court decides whether to approve (or confirm) your proposed repayment plan. Once your plan is confirmed, your obligations going forward are reset and your creditors must accept your payments in satisfaction of their claims.

How Long Will Chapter 13 Bankruptcy Take?

If you file for Chapter 13 bankruptcy, your case will most likely last between three and five years, depending on the length of your repayment plan. But there are some instances when your Chapter 13 case will fall outside this standard three to five year period.

Appealing the Dismissal of a Chapter 13 Bankruptcy

The bankruptcy court can dismiss your Chapter 13 case for many reasons. In most cases, you can file a new bankruptcy right away. But sometimes it can be in your best interest to appeal the dismissal order to a higher court for further review.

Refiling If Your Chapter 13 Case Is Dismissed For Non-Payment

If you fail to make your Chapter 13 plan payments, eventually your bankruptcy case will be dismissed. You can refile another Chapter 13 petition, but you'll face some limitations on the protection of the automatic stay if you do so within one year of the dismissal.

How long after filing for Chapter 7 bankruptcy can you file for Chapter 13?

How long after filing for Chapter 7 bankruptcy can you file for Chapter 13?

Should I File for Chapter 11 or Chapter 13 Bankruptcy?

Both Chapter 11 and Chapter 13 bankruptcy provide a way for people struggling with debt to keep their property by reorganizing their debt. Chapter 11 bankruptcy is generally more popular with businesses, but it can be a good choice for certain individuals, especially those with extremely large amounts of debt. For most individuals, however, Chapter 13 bankruptcy is often cheaper and easier.

Overview of Bankruptcy Options for Your Struggling Business During the Coronavirus

Each bankruptcy chapter offers unique benefits that will differ depending on whether you or your company files for bankruptcy. Understanding these dynamics will help you choose the best solution for your small business needs during the coronavirus pandemic.

Bankruptcy Payments: What to Expect on a Low Income

When you file for Chapter 13 bankruptcy, you must commit to a repayment plan that will pay off some or all of your debts over three to five years. Your monthly payments will depend on your debts and your income. Some debts must be paid in full in Chapter 13, regardless of your income. If you don't earn enough to pay off these debts, the judge won't confirm your Chapter 13 repayment plan.

What Happens if I File a Lawsuit in the Middle of My Chapter 13 Case?

If you file a lawsuit during your Chapter 13 bankruptcy case, you must disclose this fact to the court and the bankruptcy trustee and must amend your bankruptcy schedules if it's not already listed. Also, the lawsuit might mean that you have to pay more into your Chapter 13 plan. Read on to learn more

What Happens to My Cosigner if I File Chapter 13 Bankruptcy

If you file Chapter 13 bankruptcy and you have debt with a cosigner, your bankruptcy could potentially affect the cosigner.

What If I Lose My Job After I File for Chapter 13 Bankruptcy?

When you enter into a bankruptcy filing under chapter 13 of the bankruptcy code, you must successfully complete a three to five year repayment plan that you can submit at the time of filing.