BK Videos & Chapter 13

Bankruptcy Videos:

The Federal Bankruptcy Court has made video's explaining Bankruptcy.  

 
CLICK ON PHOTO TO START VIDEOS

You can also go onto the Federal Bankruptcy Court Website:  http://www.uscourts.gov/video/bankruptcybasics/bankruptcyBasics.html


Arizona Bankruptcy Court Information
The Arizona Bankruptcy Court has a website that has extensive information concerning Bankruptcy, the Bankruptcy procedure and FAQ's (Frequently Asked Questions).
 http://www.azb.uscourts.gov/default.aspx?PID=14

Chapter 13 Bankruptcy

 Steps and Procedures in a Chapter 13 Bankruptcy

 

      Chapter 13 Bankruptcy is generally used by individuals and sole proprietorships who do not qualify for or want to file a Chapter 7 bankruptcy.  Most of the people that do not file a Chapter 7 Bankruptcy file a Chapter 13 Bankruptcy.  It allows the individual or business to keep their property and pay off their debt on a schedule over three to five years.  A court-appointed trustee a paid a set amount each month.  The trustee then distributes funds to creditors.

     Chapter 13 Eligibility: If you have never before filed a bankruptcy, you are eligible or you are eligible to file for Chapter 13 bankruptcy after four years have passed from a previous Chapter 7 discharge or after two years have passed from a previous Chapter 13 discharge.

     Chapter 13 Bankruptcy involves creating a restructuring (payback) plan.  This plan may allow debtors to create an arrangement by which they can pay their back mortgage payments over time and remain in their home.  A Plan must be created to pay off your debt within a three to five-year period.  The main requirement for filing Chapter 13 Bankruptcy is that you have enough regular income to cover your monthly expenses as well as the payments required under the restructuring plan.  This means that you must be able to pay your monthly mortgage payments and car payments on time and also stay on top of paying off debt according to your plan.  

      Chapter 13 Bankruptcy allows you to keep the majority of your property as long as you meet your monthly payments to the court-appointed trustee.  The terms of a Chapter 13 bankruptcy payment plan can be adjusted if major changes occur, such as losing your job or becoming seriously ill.  If you become unable to pay continue with a payment plan, you will need to either terminate the Bankruptcy or change it to a Chapter 7 Bankruptcy.  Tax debts, debts ordered pursuant to a Domestic Relations Order and most student loans usually cannot be discharged in any form of bankruptcy.

      In a Chapter 13 Bankruptcy, there isn't any liquidation as there is in a Chapter 7 Bankruptcy since the debt is being repaid over time. The trustee is responsible for managing the payment plan set out in your petition. The trustee collects the payments from the debtor and disburses the money to the creditors. As in Chapter 7, the trustee would also be the main point of contact for creditors and arrange any necessary meetings associated with the case.

      Eligibility for Chapter 13 bankruptcy depends on the stability of your income and the amount of disposable funds available on a consistent basis. If you're not working or if you don't have money left over after you pay for your necessary living expenses, you won't qualify for a Chapter 13 Bankruptcy. 

      With our economy there have been losses in the value of homes.  If you have a second mortgage and your first mortgage is equal to or more than the value of your home due to devaluation, you may be able to utilize Chapter 13 to eliminate the payments on your second mortgage.  Because there is not enough equity in the home to secure both mortgages the second mortgage can be reclassified as unsecured debt.  In a Chapter 13 restructuring plan unsecured debt takes last priority and can sometimes go unpaid.  

WHY FILE A CHAPTER 13 BANKRUPTCY?

      A debtor cannot obtain a discharge in a Chapter 13 case if the debtor obtained a discharge in a Chapter 7 Bankruptcy case filed within the past 4 years, or a Chapter 13 Bankruptcy case filed within the past 2 years.

     If you have non-exempt property that you want to keep.  When you file for Chapter 7 bankruptcy, you get to keep only your exempt property (property specifically exempt by Arizona law or federal law) .   In a Chapter 7 Bankruptcy, the Trustee takes all of your  non-exempt  and then he sells it and distributes the proceeds to the creditors.   In Chapter 13 Bankruptcy, you don't give up any property.  You repay your debts out of your income. 

     If you want to repay your debts, but you need the protection of the bankruptcy court to do so.  This could happen  if creditors are going after you.

     If you are behind on your mortgage or car loan, and want to make up the missed payments over time and reinstate the original agreement.  You cannot do this in Chapter 7 bankruptcy.  You can make up missed payments only in a Chapter 13 bankruptcy.  Chapter 13 bankruptcy can create an installment plan for the repayment of past due mortgage bills while ending foreclosure proceedings.  You are still responsible for existing mortgage payments.

     If you have tax obligations, student loans, or other debts that can’t be discharged in a Chapter 7 Bankruptcy.  You may be able to include these debts in your Chapter 13 plan and pay them off over time.  But after the plan ends you may be responsible for the amounts not paid in the Chapter 13 plan.

     You might want to file a Chapter 13 Bankruptcy instead of a Chapter 7 Bankruptcy if:  You own luxury items you do not want to lose; Most of your debts are non-dischargeable; There is joint ownership of property; You are entitled to moneys in the future.

Under Chapter 13 (also called a “wage earner’s plan”), you propose a plan to pay your creditors over a three- to five-year period. During that time the law forbids creditors from starting or continuing collection efforts (this is called a stay).

While your Chapter 13 case is pending, you are not permitted to obtain additional credit without the Bankruptcy Court’s permission.  You need to file an application asking for the Judges permission.

Any person or individual, even if self-employed or operating a business that is not a corporation or partnership, is eligible to file a Chapter 13 bankruptcy as long as the unsecured debts are less than $360,475 and secured debts are less than $1,081,400. These amounts chhange periodically. A corporation or partnership CAN NOT file a Chapter 13.

What are the advantageous of filing a Chapter 13 Bankruptcy?  Chapter 7 and Chapter 13 each have their own advantageous and disadvantageous.  Chapter 13 gives the opportunity to save your home from foreclosure. By filing under Chapter 13, you can stop foreclosure proceedings and cure delinquent (missed)  mortgage payments over time. You MUSTcontinue to make the regular monthly mortgage payments that come due during the Chapter 13 plan. A Chapter 13 acts like a consolidation loan under which you make the plan payments to a Chapter 13 trustee who then distributes payments to creditors; you have no direct contact with creditors while under Chapter 13 protection. Finally, a Chapter 13 may allow you to strip off a completely unsecured second mortgage on your residence or to “cram down”  (reduce) the amount owing on a vehicle or an investment property to its fair market value.  But, while in a Chapter 13 Bankruptcy you are living on a strict budget and your income and expenses are monitored by the Trustee.  You will have no extra money while in the Chapter 13 Bankruptcy as all money and income over and above your living expenses is utilized to pay the creditors.  Non-secured creditors are also paid according to your payment plan although they won't necessarily get their full payment.

Before making a decision as to which Bankruptcy to file, talk with your Bankruptcy attorney, he can guide you and make suggestions and help you determine what Bankruptcy chapter is most advantageous for you.

 

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