By Jeff Field | Published March 26, 2024 | Posted in Bankruptcy, Chapter 13 | Tagged Tags: bankruptcy, Cram Downs, financial rehabilitation, secured debt | Leave a comment
Advantages of Using Secured Debt “Cram Downs” in Chapter 13
For individuals struggling with overwhelming debt, Chapter 13 bankruptcy offers a path to financial rehabilitation, giving them protection from creditors while they pay off a reduced portion of their unsecured debt over time. Secured debts still need to be repaid, but there is a powerful tool known as a “cram down” that can offer relief Read More
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How to Manage Your Finances During Your Chapter 13 Bankruptcy
Chapter 13 is a type of bankruptcy that allows you to gain protection from creditors while repaying a portion of your outstanding debt monthly over an extended period of time. For the three- or five-year duration of the repayment plan, the court allows you a set amount to live on and a court-appointed trustee divides Read More
Read MorePros and Cons of Reaffirming a Debt in a Chapter 7 Bankruptcy
A Chapter 7 bankruptcy offers a fresh start by relieving a debtor of most or all financial obligations to creditors. Although non-exempt property can be liquidated during the process, there may be some property the debtor wants to keep, such as real estate or a vehicle. Reaffirming a debt on such property can be a Read More
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What Is the Trustee’s Role in a Chapter 13 Bankruptcy?
Chapter 13 is a type of bankruptcy relief that affords individuals protection from creditors as long as they pay off a portion of their outstanding debts over time according to a court-approved plan. The plan is supervised by a trustee, who acts as the court’s overseer throughout the process. The trustee plays a pivotal role Read More
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Is it Better to Take on a Three-Year or a Five-Year Chapter 13 Plan?
Chapter 13 is a form of bankruptcy meant for people who, despite being in financial straits, have the resources to repay at least a portion of their outstanding debts over time. Those debts are discharged only after the debtor completes a court-approved repayment plan that lasts three or five years. Which time period applies depends Read More
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Can Filing for Bankruptcy Stop Utility Companies From Shutting Off Services?
Facing an impending utility shut-off due to unpaid bills can be a daunting prospect. Electricity, gas, water and telephone are essential services, and loss of them can affect your health and security. Utility debts usually reach this state of emergency as part of a larger financial crisis. Fortunately, bankruptcy can provide a temporary reprieve and Read More
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Can You File a Chapter 7 Without Affecting Your Spouse?
Married couples often file joint bankruptcy petitions. In many cases it makes perfect sense for both spouses to liquidate (Chapter 7 bankruptcy) or reorganize (Chapter 13 bankruptcy) their debts. However, it is possible for only one spouse to declare bankruptcy and under certain circumstances, it is in the couple’s best interests to do so. One Read More
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When Can Bankruptcy Be Used to Discharge Tax Debts?
Overdue taxes can be a huge burden for people who are trying to cope with other mounting debt. If you are considering bankruptcy, you may be able to be relieved of some or all of your tax debt, depending upon how long it has been owed. While current tax debt is generally nondischargeable, meaning that Read More
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Should a Chapter 7 Debtor Ever Sign a Debt Reaffirmation, and Why?
Chapter 7 bankruptcy can offer you a fresh start by relieving you of the financial obligations you had to your creditors. Although most of your non-exempt property is liquidated during the process to pay off your debt, there may be some property you want to keep, such as real estate or a vehicle. Consequently, there Read More
Read MoreHow 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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