Chapter 13 bankruptcy basics

Written by Bankruptcy Home


The purpose behind Chapter 13 Bankruptcy filing is rehabilitation ofrepparttar debtor. Meaning you are givenrepparttar 111958 opportunity to repay some or all of your debts.but under generally better terms (lower or no interest). Rather than having to liquidate assets to pay off debts, this process is designed to allowrepparttar 111959 debtor to use future income to pay off creditors. Chapter 13 Bankruptcy is basically an adjustment or reduction of debts for a debtor with regular income.

The United States Bankruptcy Code providesrepparttar 111960 debtor an opportunity to pay back their creditors over a period of time of up to five years. This process is completely supervised byrepparttar 111961 court. Your attorney will ensure that your interests will be protected.

Chapter 13 Bankruptcy allowsrepparttar 111962 debtor to keep all of their property. However, an interest-free plan for repayment must be developed and approved byrepparttar 111963 court. The debtor begins to make payments within thirty to forty five days afterrepparttar 111964 case has begun. Unlike Chapter 7 Bankruptcy,repparttar 111965 payments are made torepparttar 111966 trustee who will then payrepparttar 111967 appropriate creditors. Chapter 13 Bankruptcy prevents creditors from collecting fromrepparttar 111968 debtor. The creditors are required by law to follow strictlyrepparttar 111969 terms ofrepparttar 111970 repayment plan. Your attorney will prepare this payment plan.

Afterrepparttar 111971 repayment plan is filedrepparttar 111972 debtor's creditors will have an opportunity to object torepparttar 111973 proposed plan. This process is called a confirmation hearing which is heard before a judge. The attorney will appear beforerepparttar 111974 judge on behalf ofrepparttar 111975 debtor. The judge will confirmrepparttar 111976 plan ifrepparttar 111977 debtor is current with their payments and ifrepparttar 111978 trustee and any creditor problems are resolved. Afterrepparttar 111979 plan is confirmed, ifrepparttar 111980 debtor simply makes allrepparttar 111981 required monthly payments, then they will receive their discharge. This whole process is very complicated and recommendedrepparttar 111982 debtor hasrepparttar 111983 advice of a good attorney. <more>

The 5 Secrets to Getting Out of Debt Fast

Written by Rob Sallay


As they stare down at a teetering pile of bills, so many consumers wonder how they racked up such a large debt. The answer boils down to simple mathematics.

“On a basic, fundamental level,repparttar problem is created by spending more than you make,” says Brad Stroh, co-CEO ofrepparttar 111957 San Mateo, California-based Freedom Financial Network, LLC, a company that specializes in debt resolution services.

The reasons for doing so, he notes, are varied:

• Spending addictions • Lack of budgeting (mistakingrepparttar 111958 amount of money coming in and going out) • Loss of income (reduced hours, layoffs, forced to leaverepparttar 111959 workforce) • Increased costs (health-related expenses, fuel and other basic living expenses) • A personal hardship (divorce, medical illness, loss of a loved one or other major changes in a person’s life)

You can, however, get out of debt—but it takes commitment. Here are 5 steps to accomplishing your goal.

1. Start Planning—and Saving “The only way to guarantee solid financial footing is through proper planning—and that’s where most consumers go wrong,” Stroh says. “Proper planning means monthly budgeting of cash flow, combined with saving for long-term security.”

Stroh recommends saving at least 5% of your income to ensure long-term financial security.

“Of course, this percent will vary by age group andrepparttar 111960 individual’s financial goals and objectives,” he says. “Younger people can expect to spend their early years saving less of their income, paying off student loans and debts incurred during periods of lower income. Older individuals should be planning for retirement and saving a larger share of income.”

2. Seek Professional Help If you are facing financial hardship, do not procrastinate when it comes to seeking professional advice.

“People often wait too long,” Stroh says. “If someone is living paycheck to paycheck, is behind on any revolving financial obligations (including credit cards), is using credit cards to pay for necessities, or is facing collection, he should consider getting immediate advice from a professional debt management firm or financial advisor.”

3. Stop Spending If you continue to spend money, despite your ever-growing debt, you likely have a bona fide addiction that requires psychological intervention.

“Debt problems are frequently symptomatic of more fundamental personal issues, such as reticence to address difficult financial problems,” Stroh says. “Spending addictions can have many causes, including lack of personal confidence and fulfillment. Similar to many other addictions, a spending addiction can fill a void in an individual’s life—albeit with a fleeting source of satisfaction. People with spending addictions constantly strive forrepparttar 111961 ‘high’ that they receive from buying clothes, cars and other goods. This leads to a long-term problem when they cannot meetrepparttar 111962 consequent financial turmoil that comes whenrepparttar 111963 bills arrive. For anyone who may think he has a serious spending addiction, we advise seeking professional counseling or therapy to resolverepparttar 111964 fundamental sources of this addiction.”

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