When a Warrendale debtor decides to take the steps necessary to get back on stronger financial ground and would like to ensure that he or she can keep certain possessions like a home or an automobile, they will choose Chapter 13 bankruptcy. While this is a wise step, it is also important to understand the various requirements and obligations the debtor will need to fulfill to make the plan successful. Failure to do so can sabotage the plan and prevent its completion.
The debtor must provide information to the court about income, a list of creditors, property owned, and cost of living. It is also necessary to complete a credit counseling course, provide a copy of the most recent tax return, prove that taxes were filed for the previous four years, and have a repayment plan for the Chapter 13 bankruptcy. There is a filing fee and an administrative fee. These can be paid in four installments provided the final installment is paid within 120 days of the date that the case was filed. There can be an extension in which it is paid within 180 days.
The first payments for the repayment plan regardless of whether it is for three or five years must be made within 30 days after filing. The bankruptcy trustee will hold the payments until the plan is confirmed or denied by the court. If it is denied, the debtor will get the money back. If the plan is confirmed, the trustee will distribute the money to the creditors based on the framework of the plan.
Filing for personal bankruptcy is a difficult decision to make, but people who are experiencing financial trouble can get out of that cycle of debt by successfully completing a Chapter 13 case. It is imperative, however, to complete all the necessary obligations as part of the plan. A lawyer can help with all the aspects of filing for Chapter 13 and should be contacted to understand the entire process.
Source: bankruptcy.findlaw.com, "What are a Debtor's Obligations under Chapter 13?," accessed on Jan. 29, 2018