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Using Chapter 13 to Reorganize Your Business Debts

People having serious debt problems may be able to reorganize their financial affairs using Chapter 13 bankruptcy. Chapter 13 allows a qualified debtor to restructure debts and repay some of the outstanding balances over a set period of years. Only an individual can file Chapter 13 bankruptcy. Businesses must resolve their debt problems by other Read More

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Making Sure Your Chapter 13 Payments Go Into the Right Hands

In a Chapter 13 Bankruptcy, also known as reorganization, the debtor agrees to a court-approved plan to repay a portion of his or her outstanding debts. Eligible creditors are paid specified amounts over the life of the plan, which is three to five years. However, in devising Chapter 13 plans, there are many opportunities for Read More

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How Chapter 13 Can Help You Modify Your Home Mortgage

Chapter 13 is a form of bankruptcy in which unsecured debts are partially paid off over a period of years, with the remainder discharged once the case is complete. However, most Chapter 13 cases involve one or more secured debts, which remain in force. For example, a home mortgage loan is secured by a lien Read More

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Keeping Your Financed Vehicle While You’re in Chapter 13

If you’re in deep debt and are considering filing for bankruptcy, you may be concerned about what will happen to the vehicle that you rely on for getting to and from work and for other necessary travel. If you’re steadily employed but besieged by creditors, a Chapter 13 bankruptcy allows you to restructure your debts Read More

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Obtaining a Mortgage Loan Modification as Part of Chapter 13 Bankruptcy

Chapter 13 bankruptcy may be used as an effective means of preventing foreclosure, allowing you to keep ownership of your home while repaying mortgage arrears over time. However, the mortgage remains in force, so you will be required to continue making mortgage payments going forward. This can be a difficult burden for a person trying Read More

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Using Chapter 13 Lien Stripping to Reduce Secured Debt

One of the chief benefits of a Chapter 13 bankruptcy is the ability to shield your home from mortgage foreclosure. But what if you have a second or third mortgage or a home equity lien on the same property? Through a process known as lien stripping, you may be able to reduce or eliminate those Read More

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How Are Chapter 13 Plans Structured and How Are Payments Calculated?

If you’re experiencing burdensome debt but are skittish about declaring bankruptcy, Chapter 13 is an alternative that may be right for you. Unlike a Chapter 7 bankruptcy — in which many of your debts may be discharged but at the cost of losing much of your property — Chapter 13 allows you to pay off Read More

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How Chapter 13 Can Save Your Home from Mortgage Foreclosure

Foreclosure of your family home can be devastating. If you’re struggling to keep up with mortgage payments or the lender sent you a foreclosure notice, you may be able to save your home by filing a petition for Chapter 13 bankruptcy. Critically, once a Chapter 13 petition has been filed, an automatic stay goes into Read More

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Using Chapter 13 to Deal With Overdue Taxes

Can IRS debt be discharged in chapter 13? The general rule in bankruptcy is that tax debts are not dischargeable. While a Chapter 13 repayment plan can stagger repayment of taxes over a three- to five-year period, it cannot wipe out all tax debts. However, there are exceptions. The test for dischargeability is whether a Read More

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How a Trustee or Creditor Can Oppose Your Chapter 13 Plan

Chapter 13 is a court-approved restructuring of debt that requires you to commit to a repayment plan that will last for three to five years. However, the plan you propose is not effective until the bankruptcy judge approves it after a confirmation hearing, at which creditors and/or the appointed bankruptcy trustee can raise objections. The Read More

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