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The purpose behind Chapter 13
Bankruptcy filing is rehabilitation of the debtor
Meaning you are given the opportunity
to repay some or all of your debts, but under generally better
terms (lower or no interest). Rather than having to liquidate
assets to pay off debts, this process is designed to allow the
debtor to use future income to pay off creditors.
Chapter 13 Bankruptcy is basically an
adjustment or reduction of debts for a debtor with regular
income.
The United States Bankruptcy Code provides the
debtor an opportunity to pay back their creditors over a
period of time of up to five years. This process is completely
supervised by the court. Your attorney will ensure that your
interests will be protected.
Chapter 13
Bankruptcy allows the debtor to keep all of their
property.
However, an interest-free plan
for repayment must be developed and approved by the court. The
debtor begins to make payments within thirty to forty-five
days after the case has begun.
Unlike Chapter 7 Bankruptcy, the
payments are made to the trustee who will then pay the
appropriate creditors.
Chapter 13 Bankruptcy prevents
creditors from collecting from the debtor. The creditors are
required by law to strictly follow the terms of the repayment
plan
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