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When people think of bankruptcy, chances are that they are thinking of chapter 7 which eliminates the obligation to repay most debts. There however is also chapter 13 repayment plan that comes in handy for individuals who may be late with their house or car payments. The goal of most debtors with this plan will be to save important assets and also get a discharge. When considering chapter 13 Salt Lake City Utah residents need to be versed with it.
All the bankruptcy cases normally are filed at special courts. In order to start chapter 13 cases, one starts by filing documents which list all their debts, income and assets. Altogether these are referred to as schedules, petition and statement of financial affairs. The information provided needs to be complete and accurate to the knowledge of those affected. The information is signed under penalty of perjury.
The repayment plans will normally last between three and five years, with the maximum period being 5 years. When a case starts, the debtor should come up with a proposition of how they plan to pay creditors. Debts will then get classified according to secured and unsecured ones. When a debt is secured, it means it has collateral. That is followed by assigning priority to each debt.
You will note that debts that are for child support or for taxes are more highly prioritized than for instance credit card debts. Monthly payments under chapter 13 are dependent on a number of factors. The factors include amounts one owes in mortgage arrears, their income and reasonable taxes. In many instances, it is not mandatory to pay all that you owe. If your income is adequate to pay back priority debts but it is not enough to repay others, you do not have to repay the ones that are not priority.
When a case is filed, it gets assigned to a judge as well as a trustee. It is possible that you may go through the entire process without appearing in court at any time. It is the appointed trustee that oversees the case. The repayment plan is shared with the trustee who then comes with a way to ensure creditors are paid accordingly.
A month after filing of the case, there should be a meeting between the trustee, debtor and attorney for the debtor. This is known as a meeting of creditors. Weirdly, you never find creditors at the meeting. It gives the trustee an opportunity to ask any questions they may have as regards the financial situation of the debtor. The trustee also examines debtor repayment plan to determine its feasibility.
Five years is a long long time and many things can happen within that period. There may be disruption in payments. The issues that might arise include unemployment, medical problems and divorce. Should it be such that you are not in a position to make repayments, you can have the plan modified. This is best done before it is late.
It still is possible to get credit as the case continues. One will have to get a new credit card but through court intervention. It should be a credit card for necessary items.
All the bankruptcy cases normally are filed at special courts. In order to start chapter 13 cases, one starts by filing documents which list all their debts, income and assets. Altogether these are referred to as schedules, petition and statement of financial affairs. The information provided needs to be complete and accurate to the knowledge of those affected. The information is signed under penalty of perjury.
The repayment plans will normally last between three and five years, with the maximum period being 5 years. When a case starts, the debtor should come up with a proposition of how they plan to pay creditors. Debts will then get classified according to secured and unsecured ones. When a debt is secured, it means it has collateral. That is followed by assigning priority to each debt.
You will note that debts that are for child support or for taxes are more highly prioritized than for instance credit card debts. Monthly payments under chapter 13 are dependent on a number of factors. The factors include amounts one owes in mortgage arrears, their income and reasonable taxes. In many instances, it is not mandatory to pay all that you owe. If your income is adequate to pay back priority debts but it is not enough to repay others, you do not have to repay the ones that are not priority.
When a case is filed, it gets assigned to a judge as well as a trustee. It is possible that you may go through the entire process without appearing in court at any time. It is the appointed trustee that oversees the case. The repayment plan is shared with the trustee who then comes with a way to ensure creditors are paid accordingly.
A month after filing of the case, there should be a meeting between the trustee, debtor and attorney for the debtor. This is known as a meeting of creditors. Weirdly, you never find creditors at the meeting. It gives the trustee an opportunity to ask any questions they may have as regards the financial situation of the debtor. The trustee also examines debtor repayment plan to determine its feasibility.
Five years is a long long time and many things can happen within that period. There may be disruption in payments. The issues that might arise include unemployment, medical problems and divorce. Should it be such that you are not in a position to make repayments, you can have the plan modified. This is best done before it is late.
It still is possible to get credit as the case continues. One will have to get a new credit card but through court intervention. It should be a credit card for necessary items.
About the Author:
You can get a summary of important things to consider when choosing a Chapter 13 Salt Lake City Utah attorney at http://www.bankruptcyutah.com/about right now.
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