What You Need To Know About Chapter 13 Monterey

By Larry Bailey


There are people with the notion that filing for bankruptcy is the last stop on the path to financial ruin. They believe it is the only option they have whenever debts have piled up. The closest option to a soft landing is chapter 13. It makes it possible for those involved and who have adequate income to repay all or part of what is owed. The option works best for people whose biggest headache is dealing with creditor demands to be paid immediately. In considering going for chapter 13 Monterey residents should be versed with what it involves.

Among the very attractive features of chapter 13 is that the person will be able to keep the home. This happens on condition that the mortgage will be repaid as part of the repayment plan. You will be given 3 to 5 years in order to resolve debts because the disposable income is applied towards reducing debts. An applicant will be allowed to eliminate all their unsecured debts as they try to catch up on any missed mortgage payments.

Chapter 13 works the same as chapter 11 that applies to businesses. In both instances, a petitioner will submit their reorganized plan which safeguards all their assets against foreclosure or repossession. They are different from chapter 7 that tends to be very extreme in that it liquidates all the assets except the ones that were specifically protected.

In order to be eligible for chapter 13, there are some restrictions on value of unsecured debt that one can have. They include personal debts and card bills. Similarly, there will be restrictions on secured debts such as mortgages and car loans. When you file for it, there will be stop to all current proceedings and payments to other owed debts. The reason for doing that is to buy time as a court considers the plan.

Petitioners under this arrangement are supposed to confirm they have not had bankruptcy petitions dismissed in the last 6 months before that filing because they failed or were unwilling to appear before court. The debtor should also go for credit counseling from an agency that is reputable. After the filing is done, there should be devising of a payment plan. A creditor can object the repayment plan that a debtor comes up with.

After a court approves the plan of repayment, it will be up to a debtor to make the budget plan to work. If one fails to make agreed payments, the matter might be taken back to court for review. This might include selling property that belongs to the debtor in order to settle the debts. All such details are best understood after meeting an attorney.

Sole proprietor-ships and businesses are not to file for chapter 13. This also applies to stock brokers and commodity brokers. When one files for this option, they are supposed to show sources of their income. Which is supposed to be presented in court. They should also be current in tax filings.

There are a number of options available before you decide to file for chapter 13. Debt consolidation is among the most effective. It involves making arrangements to make a single payment monthly to cater for all debts. One can also consider debt management.




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