Credit card debt is by far the most common type of unsecured debt. If you fail to make credit card payments, the card issuer cannot repossess the items you purchased.
A Chapter 13 bankruptcy can remain on your credit report for up to 10 years, and you will lose all your credit cards. Bankruptcy also makes it nearly impossible to get a mortgage if you don't already have one.
A chapter 13 bankruptcy is also called a wage earner's plan. It enables individuals with regular income to develop a plan to repay all or part of their debts. Under this chapter, debtors propose a repayment plan to make installments to creditors over three to five years.
Cons. Impact on credit score: Like all bankruptcies, Chapter 13 affects your credit score and remains on your credit report for up to seven years. This can make it challenging to qualify for loans or favorable credit terms in the future.
Chapter 13 Eligibility Any individual, even if self-employed or operating an unincorporated business, is eligible for chapter 13 relief as long as the individual's combined total secured and unsecured debts are less than $2,750,000 as of the date of filing for bankruptcy relief.
If you have secured credit cards, where you've deposited a security deposit as collateral, you may be able to keep using them during and after bankruptcy, especially in Chapter 13. These cards are treated differently because they are backed by your deposit and do not represent new credit extended to you.
Both secured and unsecured debt can be discharged in Chapter 13 bankruptcies, but non-dischargeable unsecured debts cannot be discharged in California.
When you file for Chapter 13, you'll have a choice for debt secured by collateral, such as your house, car, or other property: keep the secured property and continue paying the monthly amount, plus arrearages, in your repayment plan, or. return the property to the lender.
You do not have to file a proof of claim if the debtor has acknowledged your debt and has accurately reported its nature and amount on the debtor's schedule of assets and liabilities. However, you must file if: The category of debt on the schedule is incorrect. The amount listed is incorrect.
In all cases, you should file a UCC-1 with the secretary of state's office in the state where the debtor is incorporated or organized (if a business), or lives (if an individual).