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Chapter 13

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Stripping Second Mortgages in Chapter 13 Bankruptcy

A second mortgage can only be "stripped" off a home's title if that home is worth LESS THAN the amount of the first mortgage PLUS any other liens agai...

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What Happens to Unsecured Debt in Chapter 13 Bankruptcy?

In Chapter 13 bankruptcy, how your unsecured debt is treated depends on whether it is “priority” debt or not. You must pay priority claims in ...

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What Happens to Secured Debt in Chapter 13 Bankruptcy?

If you have debts secured by property, when you file for Chapter 13 you can give up the property and convert the debt to unsecured claim, or keep th...

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When a Chapter 13 Bankruptcy Is Your Best Bet

Most people who choose to file for bankruptcy use the simpler and more common chapter 7 type, but in some cases chapter 13 may be preferable. While a ...

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What Happens When a Chapter 13 Bankruptcy is Dismissed?

When a Chapter 13 case gets dismissed, the debtor is no longer protected from creditors. The debts are not discharged.  The creditors may go back...

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The Chapter 13 Hardship Discharge

In a Chapter 13 bankruptcy case, a debtor puts forward a plan to repay certain creditors over a period of time, usually from future income.  This...

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Chapter 13 Cases: Typical Considerations

After a Chapter 13 filing, a creditor may no longer take money from a debtor’s paycheck or checking or other bank account; or add on late charge...

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When is a Chapter 13 Bankruptcy a Good Option?

While chapter 7 is the most common, and usually the preferable type of bankruptcy for most individuals, there are cases where a chapter 13 is the ...

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Chapter 13 Handbook

A debtor who files Chapter 13 bankruptcy in San Francisco will have David Burchard as the Chapter 13 Trustee.  Burchard publishes a blue booklet ...

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How to Create a Plan of Reorganization in a Bankruptcy Case

Your repayment plan is the most important part of your bankruptcy because it details which debts will get paid through your bankruptcy as well as how ...

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Why Choose Chapter 13?

Most individuals contemplating bankruptcy have pre-conceived ideas regarding which chapter of bankruptcy is best for them.  The majority of people I ...

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What You Need to Know About Filing Chapter 13 Bankruptcy in Virginia

Chapter 13 bankruptcy allows individuals who are overwhelmed with debt to pay their debts without losing their home or other assets. Chapter 13 gi...

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The Role of the Chapter 13 Bankruptcy Trustee

The Chapter 13 bankruptcy trustee is usually a private individual, often an attorney or an accountant, who is appointed by the US Trustee or Bankrup...

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Chapter 13 Bankruptcy Plan Payment Calculator

A chapter 13 bankruptcy plan allows debtors to get into a monthly payment that is manageable, and based solely on available monthly disposable income....

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What Can Chapter 13 Bankruptcy Do For me?

Chapter 13 Bankruptcy is a court process by which to pay back your debt gradually, at decreased or no interest rates. It works as a reorganization of ...

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Chapter 13: FAQ's

Chapter 13 is a form of debt relief offered by the US Court, which allows the petitioner to reorganize his/her debt in such a way as to remove some ...

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When is Chapter 13 Bankruptcy a Good Option?

Chapter 13 bankruptcies typically provide the greatest amount of benefits and the best bankruptcy option to individuals with household income greate...

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Should You File Chapter 13 after a Chapter 7 Discharge?

Many debtors who receive a Chapter 7 discharge, subsequently file Chapter 13 bankruptcy.  For these debtors, obtaining a Chapter 13 discharge o...

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Defaulting on Chapter 13 Bankruptcy Payments

Defaulting (failing to make payments) on your Chapter 13 plan has many unfortunate consequences. It can lead to your creditors obtaining permission f...

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How Chapter 13 Bankruptcy Payments are Determined

Chapter 13 debtors are required to make monthly payments under a court-approved plan over a period of three to five years.

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Debt Limits for Chapter 13 Bankruptcy

Chapter 13 bankruptcy can be tremendously valuable for a debtor who could support his debts if they were  adjusted. That's what Chapter 13 does, af...

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Chapter 13 Bankruptcy and the 910 Day Rule on Car Loans

Understanding how Chapter 13 bankruptcy and the 910 day rule on car loans works is important if you are considering bankruptcy.  A question that ma...

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MBA Doesn't Want Bankruptcy Courts Modifying Home Loans

As many of you know, there is a bill on the table in congress, that would allow Bankruptcy courts and Judges to modify a Mortgage if they feel the ter...

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How a Bankruptcy Cram Down can Reduce Car Payments

If you are struggling to pay your monthly car payments and you need to reduce either your monthly payment or your interest then you should consider ...

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How Chapter 13 Bankruptcy Affects Mortgages and Foreclosure

by: Kathleen Michon When you file for Chapter 13 bankruptcy, you do not lose any property to the bankruptcy trustee (including your home), nor does t...

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How Chapter 13 Can Discharge Unsecured Debts

This form of bankruptcy is often referred to as a restructuring or reorganization.  It usually results in the creation of a plan to pay back existi...

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What Happens When You File for Chapter 13 Bankruptcy?

In a chapter 13 bankruptcy, your attorney will work out a monthly payment plan based on your average monthly disposable income. This is the amount o...

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Is Chapter 13 Worth It? Here are the Benefits

One of the biggest misperceptions surrounding Chapter 13 Bankruptcies is that it requires you to repay all your debt. This is not entirely true.

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How to File for Chapter 13 Bankruptcy

If you are unable to file for chapter 7 due to a high income, or you chose chapter 13 bankruptcy due to the many benefits over chapter 7...

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Using Bankruptcy to Delay or Stop a Foreclosure

If you’re home is in foreclosure, and you’ve exhausted other avenues for avoiding foreclosure, such as a short sale, deed in lieu of foreclosure...

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How to Lower Your Bankruptcy Payments

If your financial circumstances change after your Chapter 13 plan has been confirmed, may be able to get a temporary break from making plan paymen...

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Guide to Chapter 13 Bankruptcy

Chapter Thirteen Bankruptcy is frequently referred to as the "wage earners bankruptcy". Unlike chapter 7, assets under this plan are not liquidated to...

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Keeping Your Land in a Bankruptcy Case

When an individual files bankruptcy, many of their assets are subject to court seizure.  This is especially true when filing a Chapter 7 bankruptcy...

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Life after Chapter 13 Bankruptcy

The process of filing for Chapter 13 bankruptcy should not be completed without the help of a bankruptcy attorney because the process is so difficult ...

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Chapter 13 Bankruptcy Law

If you have fallen behind on your mortgage, car payments, or owe back taxes to the government, a Chapter 13 bankruptcy may be your best option to get ...

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This article is provided for informational purposes only. If you need legal advice or representation,
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