Texas Chapter 13 Plan Form - San Antonio Division (Effective for cases filed prior to November 1, 2017)
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FAQ
A 100% plan is a Chapter 13 bankruptcy in which you develop a plan with your attorney and creditors to pay back your debt. It is required to pay back all secured debt and 100% of all unsecured debt.
The amount of time you need to wait to apply for a conventional loan after a Chapter 13 bankruptcy depends on how a court chooses to handle your bankruptcy. If the court dismisses your bankruptcy, you must wait at least 4 years from your dismissal date before you can apply.
For Chapter 7 and Chapter 13 cases, a Section 341 Meeting of the Creditors will take place between 30 and 45 days of filing your petition; you are required to attend this meeting.
Your debts will not be discharged. Often creditors?especially unsecured creditors?don't bother to file claims with the bankruptcy court and their debts get discharged, but only if you complete the plan. When the case is dismissed, those creditors stay with you.
If the Chapter 13 plan is dismissed, creditors may immediately initiate or continue with state court litigation pursuant to applicable state law to foreclose on the petitioner's property or garnish their income. If a bankruptcy case is dismissed, the legal affect is that the bankruptcy is deemed void.
How to Survive Chapter 13 Bankruptcy Stick to Your Repayment Plan. Chapter 13 bankruptcy establishes a repayment plan.Make Budget Cuts. Budget cuts before filing for bankruptcy can help you manage your finances.Stay Away from Credit Cards.Build an Emergency Fund.Seek Professional Help.
As a result, most Chapter 13 plans do not have to provide for the repayment of unsecured debts. The only instance when Chapter 13 plans must provide for payment of unsecured debts is when an unsecured creditor objects to the plan. If this happens, the debtor must pass a ?disposable income? test.
If a debtor fails to keep up with payments under their repayment plan in a Chapter 13 bankruptcy, the bankruptcy trustee may file a motion to dismiss their case. This means that their debts would not be discharged because the case would be considered unsuccessful.