Wisconsin Chapter 13

State:
Wisconsin
Control #:
WI-SKU-0854
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Description

Chapter 13

Wisconsin Chapter 13 is a type of bankruptcy that is available to individuals with a regular income. It allows individuals to reorganize their debts and pay them off over a period of three to five years. The main objective of filing Chapter 13 is to stop foreclosure, repossession, and other collection activities while allowing the debtor to keep their property. Wisconsin Chapter 13 is also known as a wage-earner's plan and is available to all individuals, including married couples who file jointly, and corporations and partnerships. Individuals must have a regular source of income and be able to make payments over a three to five-year period on their debts. To qualify, the debtor's secured debt cannot exceed $1,184,200 and unsecured debt cannot exceed $394,725. There are two types of Wisconsin Chapter 13 bankruptcy: "Conventional" and "Modified". A conventional Chapter 13 involves reorganizing debts into a repayment plan where the debtor pays a fixed amount every month to their creditors. A modified Chapter 13 involves reducing the total amount of debt owed and allowing the debtor to pay a lower amount each month. In both types of Wisconsin Chapter 13, the debtor must attend credit counseling, receive a discharge certificate, and complete their repayment plan. After the repayment plan is completed, the court will discharge the debtor's remaining debts.

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FAQ

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.

Wisconsin Chapter 13 Bankruptcy Explained Chapter 13 debtors repay a portion of their debts by making payments to a trustee. After making payments and complying with other requirements of Chapter 13, the court grants the debtor a discharge of debt.

The biggest difference between Chapter 7 and Chapter 13 is that Chapter 7 focuses on discharging (getting rid of) unsecured debt such as credit cards, personal loans and medical bills while Chapter 13 allows you to catch up on secured debts like your home or your car while also discharging unsecured debt.

Although a Chapter 13 bankruptcy stays on your record for years, missed debt payments, defaults, repossessions, and lawsuits will also hurt your credit and may be more complicated to explain to a future lender than bankruptcy.

Your Chapter 13 bankruptcy will remain on your credit report for seven years. However, the effect of the bankruptcy on your score will diminish over time. You may need to wait several years to take out a new mortgage, but you will most likely have other credit opportunities right away.

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.

A Chapter 13 petition for bankruptcy will likely necessitate a $500 to $600 monthly payment, especially for debtors paying at least one automobile through the payment plan. However, since the bankruptcy court will consider a large number of factors, this estimate could vary greatly.

The discharge releases the debtor from all debts provided for by the plan or disallowed (under section 502), with limited exceptions. Creditors provided for in full or in part under the chapter 13 plan may no longer initiate or continue any legal or other action against the debtor to collect the discharged obligations.

More info

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.Chapter 13 bankruptcy allows you to propose a repayment plan to the court and creditors. Learn about qualifying and filing for chapter 13 bankruptcy. The Certificate of Final Payment tells the Court that the debtor has completed all the necessary payments under the plan. The end of your Chapter 13 bankruptcy will typically take place 3 to 5 years after filing. In this comprehensive guide on Chapter 13 bankruptcy, you will learn how the process works, who is eligible, how much it costs and more. During the process, you and your creditors will design a repayment plan that lasts from three to five years. It can take up to five years to complete the process. Chapter 7 bankruptcy usually takes 4-6 months.

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Wisconsin Chapter 13