The chapter of the Bankruptcy Code providing for adjustment of debts of an individual with regular income is known as Chapter 13 bankruptcy. Chapter 13 allows a debtor to keep property and pay debts over time, usually three to five years.
A chapter 13 bankruptcy is also called a wage earner’s plan. It enables individuals with regular income to develop a plan to repay all or part of their debts.
Under a Chapter 13 bankruptcy, the debtor proposes a repayment plan that calls for installment payments to creditors over three to five years. If the debtor’s current monthly income averaged over the last 6 months is less than the applicable state median, the Chapter 13 plan will be for three years unless the court approves a plan lasting longer.
If the debtor’s current monthly income is greater than the applicable state median, the bankruptcy plan generally must be for five years. In no case may a Chapter 13 plan provide for payments over a period longer than five years. During this time the law forbids creditors from starting or continuing collection efforts.
Chapter 13 offers individuals a number of advantages over liquidation under chapter 7 bankruptcy. Perhaps most significantly, chapter 13 bankruptcy offers individuals an opportunity to save their homes from foreclosure.
Individuals can stop foreclosure proceedings by filing a Chapter 13, and they then can cure any amount owed in arrears over the life of the plan. Nonetheless, filers of Chapter 13 must make all continuing mortgage payments during the life of the bankruptcy.
Another advantage Chapter 13 has over Chapter 7 is that secured debts (other than a home) can be crammed-down or rescheduled and extended over the life of the bankruptcy. This often means substantially lower monthly payments.
Chapter 13 also provides protection for third parties who are liable with the debtor on consumer debts. This means that co-signers on loans made with the debtor can be protected from creditor actions. The Chapter 13 Plan also acts like a consolidation loan where the debtor pays the Chapter 13 trustee who then disburses the money to creditors. Thus, filers of Chapter 13 never have contact with creditors.
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