How Does Chapter 13 Bankruptcy Work?

How does Chapter 13 Bankruptcy Work?

By Cynthia Podis, Nashville Bankruptcy Lawyer

Chapter 13 Bankruptcy is a repayment plan that is facilitated by the Bankruptcy Court. You must list all of your debts and assets in the Bankruptcy Petition (forms that are  filed with the court). Once the Bankruptcy Petition is prepared and filed with the Bankruptcy Court, your creditors are notified by the Court of the filing of the bankruptcy and the date and time of the Meeting of Creditors. You begin making payments to the Chapter 13 Trustee to fund your Chapter 13 Plan. If you have a regular paycheck, the Chapter 13 plan payment is payroll deducted. If you receive Social Security Income or are self-­employed, you can use a direct pay service from your checking account to make your payment.

The Meeting of Creditors is your court date. This is where your bankruptcy lawyer proposes the Chapter 13 Plan of repayment to the Chapter 13 Trustee for approval of the court. Your creditors have the opportunity to show up and ask questions. Mostly car creditors or other secured lenders send a lawyer or representative to ask for proof of insurance on their collateral or ask for better treatment under the plan of repayment, such as a higher amount of interest, or monthly payment. The Trustee asks you and your bankruptcy lawyer questions about your Chapter 13 Plan.

When your Chapter 13 Plan is approved. You will make the Chapter 13 plan payments through the Chapter 13 Trustee who will then mail payments to your creditors. It is important to list everyone you owe money too in your Chapter 13 plan. You will continue to pay your living expenses, such as rent, electric, gas and water bills directly.

The Chapter 13 Trustee in Nashville offers a Financial Management Class that you schedule on the Trustee’s website at http://www.ch13nsh.com/debtored/ch13class.aspx

During your Chapter 13 plan, you cannot sell assets or finance anything on credit without permission from the Bankruptcy Court. It is important to keep your bankruptcy attorney up to date with your address, phone number and email address. If you change your employment, let your bankruptcy lawyer know so they can update the court with that information.

Chapter 13 Bankruptcy helps you keep a car or house if you are behind on the payments. If you have filed a Chapter 7 Bankruptcy in the last 8 years (or earlier), you may still be eligible for a Chapter 13 bankruptcy. You can file a Chapter 13 Bankruptcy even if you qualify for a Chapter 7 Bankruptcy.

Most clients file Chapter 13 Bankruptcy to keep items they cannot protect under Chapter 7 or to catch up on house or car payments. Clients file Chapter 13 Bankruptcy to allow them to get out from under the stress of overwhelming bills and set up a repayment plan that allows them to enjoy their lives while keeping their assets.

For more information visit www.BankruptcyNashville.com or call 615­399­3800 and schedule a free appointment with us! Podis and Podis, 1161 Murfreesboro Pike Suite 300, Nashville TN 37217

We are a debt relief agency. We help people file for bankruptcy under the Bankruptcy Code.