Filing Chapter 13 Bankruptcy

Filing Chapter 13 bankruptcy is an option that American citizens have when they find themselves unable to repay the debt they accumulate. Chapter 13 is reorganization of debt, bankruptcy. The debt does not discharge completely but rather reorganizes to make it more possible to repay. The process of filing Chapter 13 bankruptcy is one that can occur by individuals, but the use of an attorney is often a recommendation due to the complexity of the process. Debtors are required to list all debts on a bankruptcy schedule, a specific form required by U.S. courts to process the bankruptcy. A judge will then request a hearing in which all of the lenders or those that money is owed to may assemble to dispute or fight the bankruptcy claims. After this process is completed, most individuals will go through the process of credit counseling, which will include reorganization of the debt in a method that is possible for the individual to pay. In addition to this, the court will appoint an official to oversee the process.

Fast Facts

  • When filing Chapter 13 bankruptcy, conducting of a means test by a court appointed official or by an attorney to determine qualifications.
  • The process of filing Chapter 13 may take up to three years to complete, depending on debts and the restructuring process.

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