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Chapter 13 payments are arranged thr ugh the reorganization of debt at the t me when bankruptcy is filed. The d btor is required to make regular p yments directly to an assigned Trustee who versees the case. When Chapter 13 p yments are received, the Trustee disperses p yments to creditors until accounts are p id in full. In some instances, Ch pter 13 payments can be made thr ugh payroll deductions if approved by the b nkruptcy court. Upon acceptance of the b nkruptcy repayment plan, chapter 13 payments are s tup to repay creditors and tax l ens, if applicable. If the debtor wns a home, filing Chapter 13 b nkruptcy can halt the foreclosure process. H wever, if the debtor fails out of b nkruptcy, the lender has the authority to nitiate foreclosure proceedings. Additionally, the court may r quire the debtor to liquidate their ssets under Chapter 7 Bankruptcy Code. If th s occurs, the debtor must relinquish th ir property to a Trustee who w ll sell the assets and repay cr ditors. Chapter 13 bankruptcy is available to all U.S. c tizens. This chapter allows individuals to r organize their debt and make payments ver an extended period of time. H wever, certain eligibility requirements must be met and nclude outstanding unsecured debts must be l ss than $307,675 and secured debts m st be less than $922,975. Additionally, the d btor is required to undergo credit c unseling within 180 days prior to f ling.
When an individual files Chapter 13 b nkruptcy they must provide a certificate of cr dit counseling, proposed repayment plan, proof of ncome, detailed list of expenses, and a r cent year tax return. Collection actions gainst the debtor cease when the d btor files Chapter 13. However, it d es not dismiss outstanding balances. As l ng as payments are made to the Tr stee and disbursed in a timely f shion, no further action will be t ken against the debtor. If the d btor is unable to make payments ccording to their chapter 13 agreement, the cr ditors can move forward with collection ctions. If circumstances arise that cause the d btor to become unable to make ch pter 13 payments, the Trustee must mmediately be contacted. If the financial s tback is temporary, the Trustee may gree to reducing payment amounts or xtending the repayment period. In cases wh re financial setbacks are long-term, the c urt may modify chapter 13 payments, d scharge the debts on the basis of h rdship, convert to Chapter 7 liquidation, d smiss the Chapter 13 case, or t mporarily suspend payments. Chapter 13 bankruptcy pr vides individuals with the opportunity to r tain their property and make a fr sh start. When creating the repayment pl n it's crucial to arrange chapter 13 p yments that are reasonable so the d btor can consistently make payments in a t mely fashion. Otherwise the effort will be fr itless and cause the debtor to f il out of bankruptcy and lose th ir home, automobile and other valuable ssets.
The article Chapter 13 Payments - Understanding Bankruptcy Repayment Plan was Submitted by Simon Volkov through Articles.GetACoder.com network. Here's the additional information: Simon Volkov, private note investor, sp cializes in helping individuals quickly liquidate th ir assets and offers solutions to ndividuals facing foreclosure, probate , chapter 13 payments and bankruptcy. Learn more by visiting http://www.SimonVolkov.com
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