chapter 13

Submitted by Anonymous (not verified) on Sun, 12/06/2009 - 23:08

My husband and I are terrified of filing chapter 13, how hard is it to repay, can you still have a life and chapter 13 or is the repayment plan so tough you wish you didn't file?

Yes... There is life after (13)...

We see people with them all the time, who have been able to purchase homes and more... That said, it is a (relatively) long process...

In my personal opinion, from a credit standpoint, it is much easier to recover from a chapter 7... The initial damage is worse, but the recovery time is much quicker...

In either case, don't be afraid to challenge the bureaus reporting of the item, as these things can be removed, not only by credit repair companies, but occasionally by consumers as well...

Mon, 12/07/2009 - 01:40 Permalink

Hi madesomebadchoices,

Why are you terrified about filing chapter 13? In fact, it is a reasonable option for people who have to been able to repay their debt. Chapter 13 bankruptcy is also known as wage earner's plan. In this you have to offer a repayment plan to the creditor according to your capability. Normally, you get 3-5 years for repaying the debt. However, if your income is lesser than the state median, then you can apply to the court to increase the time limit.

Chapter 13 bankruptcy provides the advantage of saving your property from being foreclosed. Also, according to a provision under chapter 13, the cosigner need not carry the debt burden. You can also rearrange your secured debts for life time.

So, take it a little easy and file for chapter 13 bankruptcy.

Mon, 12/07/2009 - 06:03 Permalink

It really depends on your situation as to how much your repayment plan is under chapter 13 and what all needs to be included. I have filed for both I started out with 13 and had to covert it to a 7 because I couldn't afford the plan payments and keep my mortgage at the same time. But I am single with one income as well. With it being two of you and both of you having incomes you should be ok doing 13. And yes it is live after filing bankruptcy less than 3 years later my score is allowing my credit again. Not because I want or need it. Because I am trying to improve my credit score.

Mon, 12/07/2009 - 07:43 Permalink

You are right, there is life after bankrupcy, you can start all over and start building your credit right away.

Try to learn from your mistakes, take the second chance and do well with it.

Mon, 12/07/2009 - 23:56 Permalink
atxgirl (not verified)

Can private student loans be dealt with by either credit counseling or filing under chapter 7 or 13? I've read no in a lot of places, but there's gotta be something we can do, right?

Tue, 12/08/2009 - 04:17 Permalink

Hi atxgirl

Bankruptcy today has got a lot stricter rules than earlier. With private loans for students, you must show 'undue hardship' to be able to file Chapter 7. Usually in federal loans you are entitled to defer payments for up to 3 years. There is no such leniency in a private student loan. However, there are some creditors who may offer such deferments voluntarily.

Abut getting it consolidated, yes, you can get it done yourself or may appoint a professional to do it for you. I would suggest first try it out yourself.

Tue, 12/08/2009 - 10:08 Permalink

I did not know that the rules had gotten much stricter with the student loans, I suppose they would have too or everyone would be dumping their student loans and not paying them.

I am with Carol on this one, think you should maybe look at consolidation, that may be your best bet. Goodluck, hope you reach your goals.

Tue, 12/08/2009 - 15:09 Permalink
atxgirl (not verified)

Thanks Carol! Yeah, I know they need to be paid, I'm glad there isn't ways to completely dump them, however, in this day and age it's hard to come by steady employment. But how do you suggest I go about doing it myself?

Tue, 12/08/2009 - 20:28 Permalink

Chapter 13 bankruptcy is an interest-free debt repayment plan through which you consolidate your debts and make a payment on your debt over a 3 to 5 year period. While in a Chapter 13 debt repayment plan, the creditors cannot collect from you, and the creditors are required by a Federal Court order to adhere to the terms of the plan.



Sat, 12/12/2009 - 11:37 Permalink

Sounds like everyone is giving you good advice. I wasn't sure about the difference between 7 and 13, myself. I want to say, too, We all have made bad choices in the past. The IMPORTANT thing is that you learn from them. It sounds to me you are doing just that...wanted to clean up your credit, deal with what you need to deal with, and 'start over'.

Mon, 12/14/2009 - 00:47 Permalink
Aaron (not verified)

Hi madesomebadchoices,

First of all why are you terrified of filing the chapter 13 bankruptcy? It's a good option for people unable to pay their dues normally. Moreover under this chapter 13 you need not lose any of your property which is possible under chapter 7 bankruptcy.

Under chapter 13 bankruptcy you need to offer a repayment plan which should include how you will pay each of your debts. However the priority debts are to be paid in full.

I should also add that their is life after filing chapter 13 bankruptcy, though it's a long process. You need to be optimistic and you need to have enough patience.

For anymore details about the repayment plan you can check the NOLO website.


Tue, 01/26/2010 - 07:12 Permalink

I say chpt 13 is a glorified debt consolidation plan with a nasty BANKRUPT stamp on your credit report identifying your means of absolving your debt as a negative for 10 years.

If you can afford your bills a means test shud qualify you for a chpt7 - losing personal property in a chot7 really depends on what state you live in.

Either way there is life after bankruptcy but it comes at the cost of very high interest rates to re-establish credit. Lenders are willing to provide you new credit but at high rates and usually with annual fees, etc.

Good luck and any other questions feel free.

Wed, 03/10/2010 - 18:56 Permalink

Be careful of the chapter 13, it is hard with the payment plan they set up, not all people can make it. I have seen a lot of chapter 13 filings having to be later converted to chapter 7.

If that happens you are stuck with a chapter 13 for 7 years and a chapter 7 for 10 years. It is filthy that they can double tag you on bankruptcy when that happens.

Thu, 03/11/2010 - 01:05 Permalink
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