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Chapter 13 bankruptcy involves repaying some to all of your debt over a 3 to 5 year period. Here are some reasons you may want to, or have to, choose a Chapter 13 bankruptcy (instead of a Chapter 7):
- Under the new bankruptcy laws that took effect in October 2005, if you have roughly more than $100 left over between your income and (allowable) expenses, the court may require you to be in a Chapter 13 (even if you filed a Chapter 7);
- If you filed bankruptcy within the last 8 years but need to file again, your only choice may be a Chapter 13;
- If you are behind on your mortgage and/or car payments and want to keep your home and/or car, a Chapter 13 can help you catch up those payment and keep your property;
- If you own your home and there is more equity in it than the court will allow you to keep in a Chapter 7, you may want to file Chapter 13 to protect your home;
- Similarly, if you own a vehicle that you have more equity in than the bankruptcy court will allow you to keep in a Chapter 7, you may want to file a Chapter 13 to protect your car rather than lose it in a Chapter 7.
Although most people would prefer to eliminate their debt entirely with the relative ease and speed of a Chapter 7, if your circumstances make this option either impossible or un-desirable, a Chapter 13 bankruptcy can be an extremely useful and effective way to deal with your debt problems.
The Law Office of Leigh A. Hudson will help set up monthly payments to the court that can often be tailored to your needs and make sure that you don't have to pay your creditors back more, or longer, than absolutely necessary! The attorney fees associated with filing a Chapter 13 vary on a case by case basis.
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