Chapter 13 Bankruptcy: A Matter of Definition

Chapter 13 bankruptcy is a financial reorganization plan that protects the debtor from collection action during the case and discharges nearly all remaining balances at the end. The discharge in Chapter 13 covers some debts that cannot be discharged in Chapter 7.

The current state of bankruptcy law concerning chapter 13 educational expense deductions from a debtor’s disposable income is cloudy at best. The vague guidelines provided by the drafters of the Bankruptcy Code have created a system where this issue is analyzed on a case-by-case basis.

Chapter 13 bankruptcy allows private individuals to keep your property but must pay back a portion or the entirety of their debt over a 3- to 5-year period. Because the person pays most, if not all, of his or her debt, Chapter 13 is sometimes referred to as a "reorganization." Under another section of the bankruptcy code,

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UNITED STATES BANKRUPTCY COURT . DISTRICT OF CONNECTICUT. CONTESTED MATTER PROCEDURE . Revised April 20, 2016* Unless otherwise provided by applicable statute or rule, or unless otherwise ordered, this Contested Matter Procedure shall govern all Contested Matters as defined by Federal Rule of Bankruptcy Procedure 9014.

Under Chapter 13, those who file may take as long as five years to complete the payment plan. chapter 7 bankruptcy – Even though this is not the subject of this post, it’s helpful to understand Chapter 7 because it is usually the only other form of bankruptcy relief for consumers. It is often referred to as a complete liquidation.

A Chapter 13 plan is a document filed with or shortly after a debtor’s Chapter 13 bankruptcy petition. The plan details the treatment of debts, liens, and the secured status of assets and liabilities owned or owed by the debtor in regard to his bankruptcy petition.

The attributes that now matter most all fall under the rubric of accessibility. There’s also a tool to help people decide whether they need Chapter 7 or chapter 13 bankruptcy. These widgets then.

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Matter of H. into the debtor’s bankruptcy estate under § 541, and thus the Trustee held all of the debtor’s rights in the LLC, including liquidation rights. In re Denman, 513 B.R. 720 (Bk.W.D.Tenn..

Chapter 13 bankruptcy is a repayment plan that allows the debtor to cure defaults on home mortgages, pay taxes, and discharge debts not dischargeable in Chapter 7 while protected from collection action.. Throughout the case, the debtor stays in possession and control of his assets.

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