Who can file for Chapter 13 bankruptcy?

Who can file for Chapter 13 bankruptcy?

| Sep 22, 2020 | Uncategorized |

Debt is a heavy burden for a Maryland resident to carry on their own. When it becomes unmanageable, a person may feel as though their life is run by their struggling finances. Debt can create damaging problems for an individual’s credit and can prevent them from fully living their life. When debt becomes too much, it is a good time to talk to a Landover-based bankruptcy attorney.

There are different bankruptcy options that can lead individuals out of debt, and one of those paths is Chapter 13 bankruptcy. Chapter 13 bankruptcy is the topic of this post, and readers should recognize that no part of this post constitutes legal or financial advice. All questions about Chapter 13 bankruptcy and related topics should be directed to trusted legal professionals.

What is Chapter 13 bankruptcy?

Unlike Chapter 7 bankruptcy, which involves the liquidation of a debtor’s assets, Chapter 13 bankruptcy uses a debtor’s income to pay off their creditors. To qualify for Chapter 13 bankruptcy, a person must have some disposable income that can be dedicated to their debts. During the bankruptcy process, they develop a repayment plan that, over time, will provide payments to those creditors included in their bankruptcy proceedings.

Who cannot file for Chapter 13 bankruptcy?

There are limits on who can use Chapter 13 bankruptcy and its protections to get out from under burdensome debts. For example, Chapter 13 bankruptcy is only for individuals and not businesses. Individuals who have previously filed for bankruptcy may be barred from reapplying within certain time frames, as may individuals who have received discharges from the bankruptcy courts. When an individual’s debts are too extensive to be addressed through Chapter 13 bankruptcy, they may be denied the option of using it for eliminating their debts.

Filing for bankruptcy is a legal process that is not without repercussions. It can have detrimental impacts on individuals’ access to and use of credit. It does, though, allow individuals to find clean financial slates. Before filing, debtors can talk to dedicated bankruptcy attorneys in their communities.