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Whether it's a Chapter 13 or 7 or 11, no bankruptcy filing eliminates all debts. Child support and alimony payments aren't dischargeable, nor are student loans and most taxes.
Chapter 13 is essentially a consolidation loan in which you make a monthly payment to a court-appointed trustee, who then distributes the money to creditors. Creditors are not allowed to have any direct contact with you and must go through the trustee instead. You can keep your property and gain time to pay off debts.
The advantages of filing Chapter 13 far outweigh the disadvantages. One of the primary benefits is that creditors will no longer harass you. A downside is that it will have a long-term effect on your credit report.
In Chapter 13 bankruptcy, you must devote all of your "disposable income" to the repayment of your debts over the life of your Chapter 13 plan. Your disposable income first goes to your secured and priority creditors. Your unsecured creditors share any remaining amount.
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.
A notice of bankruptcy case and court-issued notices are sent to the creditors of the individual, corporation, or other entity that has filed for bankruptcy protection. Entities can use the Bankruptcy Noticing Center (BNC) to have notices delivered either: Electronically, or. By mail.
The average bankruptcy packet ranges from 40 to 50 pages in length.