Chapter 13 Bankruptcy
What is Chapter 13 Bankruptcy?
Chapter 13 is the section of the bankruptcy code that allows a debt adjustment procedure for individuals and married couples. If you are behind (in the arrears) on your mortgage payments on your home or other real property, you may be able to file Chapter 13 bankruptcy to keep the property from being sold in foreclosure and to be able to spread payments to pay your mortgage arrearage over the whole life of your Chapter 13 plan of repayment.
If you are behind on your car payments, you may be able to use Chapter 13 to pay the car loan over the life of your Chapter 13 plan. To be eligible to le Chapter 13, you must propose, and get the bankruptcy judge to approve your Chapter 13 plan, and once the plan is confirm ed by the bankruptcy court, then you have to perform the plan, by making all the payments speci fied in the plan for the life of the plan, which is usually a minimum of 36 months (3 years) and a maximum of 60 months (5 years).
If you are looking for a clean slate discharge of unsecured debts rather than a repayment through a bankruptcy plan, you should see if you are eligible for a Chapter 7 bankruptcy.
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