When you first read about the provisions of Chapter 13 bankruptcies, it seems like an attractive debt management option. However, one of the top reasons to avoid Chapter 13 is that it sets unrealistic goals for the debtor. First, you need to understand what chapter 13 is.
If you have an asset that you would rather not lose through bankruptcy, such as a mortgaged home, your lawyer may advise you to file for Chapter 13. Debtors who have accumulated back taxes or assets with lower value than liens are also encouraged to file Chapter 13. You do not have to repay the entire loan amount, provided you can convince the court of your inability to repay the debt in full.
With the retention of non-exempt assets being such a big benefit, Chapter 13 appears to be a great alternative to Chapter 7 bankruptcy or to having to repay the full amount owed. Since debtors can file Chapter 13 every four years, it seems like a short-term commitment. However, the Chapter 13 repayment plan normally lasts for as long as three to five years, during which time debtors repay their debt based on an agreed upon schedule. At the end of this plan, the creditors write off the balance provided the debtor maintained his end of the bargain. Sounds like a great debt management solution. But it often is not.
One of the top reasons to avoid Chapter 13 is that debtors must meet certain eligibility requirements. This begins with having a steady income, which excludes people who might really benefit but who are currently unemployed and having trouble making ends meet. Often, people with this type of debt problem had arrived there as a result of the lack of income. The irony is that most debtors with a steady income would have repaid the debt in full. More interesting is that the Chapter 13 means test requires that a debtor's income exceed certain thresholds in order to be eligible for this option. Go figure.
Another one of the top reasons to avoid Chapter 13 is that the debtor falls under the scrutiny of the courts. While accepting this may seem like a fair trade off when compared to the level of debt that gets forfeited, many debtors soon realize that they could have easily devised their own repayment plan on their own without such invasive sacrifices. Furthermore, Chapter 13 becomes part of the public record. Unlike a traditional budget and repayment plan, Chapter 13 allows anyone to delve into the debtor's personal financial situation at the time of filing. As well, the courts are able to obtain updated data and to mandate changes to the plan if the debtor's financial circumstances improve.
What often discourages debtors from filing Chapter 13 is that they quickly realize they are practically prohibited from substantially improving their financial condition over the course of their plan. This means that any unexpected gains and even an inheritance could be surrendered to the trustee and funneled to the outstanding debt. More intrusive however is that the debtor's spouse can often be required to submit evidence of assets, income, and expenses, even when a filing was submitted jointly.
Prior to filing Chapter 13 bankruptcy, debtors would be best served by creating their own, profession budget and repayment plan, especially if they have the means to do so. This not only enables the debtor to keep his financial circumstances out of the public domain but will actually improve his credit rather than ruin it. - 31380
If you have an asset that you would rather not lose through bankruptcy, such as a mortgaged home, your lawyer may advise you to file for Chapter 13. Debtors who have accumulated back taxes or assets with lower value than liens are also encouraged to file Chapter 13. You do not have to repay the entire loan amount, provided you can convince the court of your inability to repay the debt in full.
With the retention of non-exempt assets being such a big benefit, Chapter 13 appears to be a great alternative to Chapter 7 bankruptcy or to having to repay the full amount owed. Since debtors can file Chapter 13 every four years, it seems like a short-term commitment. However, the Chapter 13 repayment plan normally lasts for as long as three to five years, during which time debtors repay their debt based on an agreed upon schedule. At the end of this plan, the creditors write off the balance provided the debtor maintained his end of the bargain. Sounds like a great debt management solution. But it often is not.
One of the top reasons to avoid Chapter 13 is that debtors must meet certain eligibility requirements. This begins with having a steady income, which excludes people who might really benefit but who are currently unemployed and having trouble making ends meet. Often, people with this type of debt problem had arrived there as a result of the lack of income. The irony is that most debtors with a steady income would have repaid the debt in full. More interesting is that the Chapter 13 means test requires that a debtor's income exceed certain thresholds in order to be eligible for this option. Go figure.
Another one of the top reasons to avoid Chapter 13 is that the debtor falls under the scrutiny of the courts. While accepting this may seem like a fair trade off when compared to the level of debt that gets forfeited, many debtors soon realize that they could have easily devised their own repayment plan on their own without such invasive sacrifices. Furthermore, Chapter 13 becomes part of the public record. Unlike a traditional budget and repayment plan, Chapter 13 allows anyone to delve into the debtor's personal financial situation at the time of filing. As well, the courts are able to obtain updated data and to mandate changes to the plan if the debtor's financial circumstances improve.
What often discourages debtors from filing Chapter 13 is that they quickly realize they are practically prohibited from substantially improving their financial condition over the course of their plan. This means that any unexpected gains and even an inheritance could be surrendered to the trustee and funneled to the outstanding debt. More intrusive however is that the debtor's spouse can often be required to submit evidence of assets, income, and expenses, even when a filing was submitted jointly.
Prior to filing Chapter 13 bankruptcy, debtors would be best served by creating their own, profession budget and repayment plan, especially if they have the means to do so. This not only enables the debtor to keep his financial circumstances out of the public domain but will actually improve his credit rather than ruin it. - 31380
About the Author:
With more than 16 years of financial services experience, Chris Blanchet currently manages a debt blog at HowToRepayDebt.com that aims to help people with Debt Trouble As well, he is the Editor of Debt Consolidation Opinions.com.
