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 cases about bankruptcy are filed in special courts. When starting chapter 13 cases, there is first filing of documents with details about debts, income and assets. These are together known as petitions, schedules and statements of financial affairs. All details that are given need to be very accurately given to the best of your knowledge. This is important because one is required to sign them under a penalty of perjury.
The plan of repayment normally lasts some three years on the lower side. They should not however exceed 5 years. When the case starts, one is required to suggest a plan for paying all creditors who are supposed to be repaid. The debts are to be classified depending on if they are secured or unsecured. Secured debts have collateral. After that, priority is assigned to every type of debt.
Debts for child support or taxes have higher priority compared to credit card debts. The monthly repayment under this plan will depend on various factors. These include how much one owes in mortgage arrears, the amount of priority debt, the income and reasonable expenses. In most cases, one is not required to repay all that is owed. In case the income is enough to pay back priority debts but not sufficient to pay others, one will not be required to pay non-priority ones.
When a case is filed, it gets assigned to a judge. A trustee will also be assigned. There is possibility that you can go through the whole procedure without appearing in court. The trustee that is appointed is charged with overseeing the case. Plan payments will be made to the trustee then they ensure the repayment of creditors is done accordingly.
One month after the case is filed, there will be a meeting between you and an attorney, as well as the trustee. This is a meeting of creditors. The funny bit is that creditors will rarely ever attend these meetings. The meeting is a chance for the trustee to clarify questions they may have about your financial situation. Trustees also get to examine the repayment plan to see whether it is feasible.
Five years is normally long and many things could happen. There could be an upset in flow of payments. These include medical issues, unemployment and divorce among others. If you realize you are no longer able to make payments, the plan can be changed. This is however easily done before it is too 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 cases about bankruptcy are filed in special courts. When starting chapter 13 cases, there is first filing of documents with details about debts, income and assets. These are together known as petitions, schedules and statements of financial affairs. All details that are given need to be very accurately given to the best of your knowledge. This is important because one is required to sign them under a penalty of perjury.
The plan of repayment normally lasts some three years on the lower side. They should not however exceed 5 years. When the case starts, one is required to suggest a plan for paying all creditors who are supposed to be repaid. The debts are to be classified depending on if they are secured or unsecured. Secured debts have collateral. After that, priority is assigned to every type of debt.
Debts for child support or taxes have higher priority compared to credit card debts. The monthly repayment under this plan will depend on various factors. These include how much one owes in mortgage arrears, the amount of priority debt, the income and reasonable expenses. In most cases, one is not required to repay all that is owed. In case the income is enough to pay back priority debts but not sufficient to pay others, one will not be required to pay non-priority ones.
When a case is filed, it gets assigned to a judge. A trustee will also be assigned. There is possibility that you can go through the whole procedure without appearing in court. The trustee that is appointed is charged with overseeing the case. Plan payments will be made to the trustee then they ensure the repayment of creditors is done accordingly.
One month after the case is filed, there will be a meeting between you and an attorney, as well as the trustee. This is a meeting of creditors. The funny bit is that creditors will rarely ever attend these meetings. The meeting is a chance for the trustee to clarify questions they may have about your financial situation. Trustees also get to examine the repayment plan to see whether it is feasible.
Five years is normally long and many things could happen. There could be an upset in flow of payments. These include medical issues, unemployment and divorce among others. If you realize you are no longer able to make payments, the plan can be changed. This is however easily done before it is too 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.