Chapter 13 Bankruptcy – The Basics

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Test for Chapter 13 Bankruptcy The Basics
1. The length of a Chapter 13 plan depends on the debtor’s income. If it is below the state median, the plan must last for at least 3 years. *
2. Corporations and partnerships can file a Chapter 13 bankruptcy. *
3. If Joe owns a house worth $1 million, but he owes $1 million on his first mortgage and $250,000 on his second mortgage, he is not eligible to file a Chapter 13. *
4. A Chapter 13 Debtor must provide the Trustee with any tax returns filed after the case has been filed *
5. The Automatic Stay stays family law actions that seek to determine the division of property. *
6. A Chapter 13 automatic stay prevent a creditor from collecting a consumer debt from an individual jointly liable with the debtor. *
7. Unsecured creditors must file claims within 90 days after the first meeting of creditors, but governmental units have 180 days. *
8. If a Chapter 13 debtor fails to file his plan within 10 days after the petition is filed, his case is likely to get to dismissed. *
9. If a tax is non-dischargeable under a Chapter 7, it must be paid in full under a Chapter 13 Plan. *
10. General unsecured claims must be paid in full under a Chapter 13 Plan. *
11. The debtor must start making plan payments within 25 days after the petition is filed. *
12. If debtor wants to keep the auto he is purchasing, he must make any payments due to a secured creditor that become due after the filing of the petition. *
13. After confirmation of a plan, a debtor may request a modification of the payments based on changed circumstances. *
14. A trustee or unsecured creditor can also request modification of a confirmed plan. *
15. Generally, a debtor is not allowed to incur new debt after confirmation of a Chapter 13 Plan *
16. A confirmed Chapter 13 plan can be dismissed if debtor fails to make payments due under the plan, or fails to make required tax filings. *
17. A confirmed Chapter 13 plan can be dismissed if debtor fails to make post-filing child support or alimony payments. *
18. In order to obtain a Chapter 13 discharge, debtor must certify that al domestic support obligations are up to date. *
19. Upon completion of all payments under a confirmed plan, a chapter 13 debtor is now debt-free. *
20. In order to prevent a debtor from discharging a debt claimed to be the result of fraud, a creditor must take affirmative action to have such a debt declared non-dischargeable. *
21. A Chapter 13 debtor who does not complete the plan payments can obtain a discharge only by converting the case to a Chapter 7. *

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