|
A Chapter 13 is much more comprehensive method of reorganizing than "non-profit" credit counselors because it includes secured debt such as homes and cars, and all your unsecured creditors MUST participate (at 0% interest and with no new penalties or fees!). Keeping your home and cars is usually the primary reason people file a Chapter 13. Exemptions protect a large quantity of personal items and a good plan satisfies your creditors. People also file a Chapter 13 because they feel an obligation towards repaying their unsecured debts. Whatever the reason or motivation for filing a Chapter 13, the process is the same. You will make a payment (determined by you and your attorney and based on your ability to pay) to a Trustee who will pay your creditors. The plan will last from two to five years, after which, you will get a discharge. The Federal Court supervises Trustee and the repayment of your creditors. While you are making Chapter 13 payments, you will also be responsible to pay your normal living expenses such as rent or mortgage, utilities, food, clothing, tuition, etc. Please do not think that by filing a Chapter 13, your mortgage payment will be lowered. You are required to keep the payment of your normal living expenses totally current while making your trustee payment. Creating a budget that you can follow and allows for the payment of your living expenses and the Chapter 13 payment is one of the most important jobs your attorney will do with you. The Trustee is going to pay close attention to the budget and an unreasonable one will be unacceptable. Attorneys that only do Chapter 7s do so because working out a plan for the Chapter 13 is the hardest part of a bankruptcy practice. For a three year plan : $ 0 per month |