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Chapter 13

Can I Keep My Social Security Income During My Chapter 13 Bankruptcy?

If you receive social security benefits, will you have to turn them over to your Chapter 13 trustee as part of you plan payment?

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Tips for Surviving Chapter 13 Bankruptcy

Follow these tips to ensure successful completion of your Chapter 13 bankruptcy.

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Can I Make 401(k) Contributions During My Chapter 13 Bankruptcy?

In Chapter 13 bankruptcy, 401(k) or other voluntary retirement contributions reduce the amount unsecured creditors receive through your repayment ...

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How Long Will My Chapter 13 Plan Last?

In Chapter 13 bankruptcy you must propose and then stick with a repayment plan that repays some creditors in full and others in part (sometimes pe...

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Post-Petition Debts in Chapter 13 Bankruptcy

Sometimes you want to, or have to, incur new debt after you’ve filed for Chapter 13 bankruptcy. Often the best course of action is to get court ...

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Property in Chapter 13: An Overview

Chapter 13 bankruptcy is designed to let you keep all of your property. However, your property does play a role in how your Chapter 13 bankruptcy ...

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Keeping Property in Chapter 13 Bankruptcy

In Chapter 13 bankruptcy, you are allowed to keep all of your property. However, if you have nonexempt assets, you may be required to pay back mor...

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I'm behind on secured debt payments. Can Chapter 13 bankruptcy help?

If you are behind on secured debt payments (such as your mortgage or car loan), Chapter 13 bankruptcy can help you cure your default or pay off yo...

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Can I Stop Paying My Mortgage While I'm in Chapter 13 Bankruptcy?

Chapter 13 bankruptcy may delay foreclosure. However, if you don’t make timely mortgage payments, your lender can still foreclose on your house ...

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I Own My Home Free and Clear. Will That Affect My Chapter 13 Bankruptcy?

If you own your home free and clear, you still get to keep it in Chapter 13 bankruptcy. However, you may have to pay a higher dividend to your g...

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I'm Behind on My Mortgage. Can Chapter 13 Help Me Catch Up?

If you are behind on your mortgage, you can catch up on your missed payments by filing for Chapter 13 bankruptcy. In fact, one of the primary reas...

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Average Attorney Fees in Chapter 13 Bankruptcy

Attorneys fees for a Chapter 13 bankruptcy can vary significantly by state and by district. However, most courts have guidelines in place for Chap...

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The Good Faith Requirement in Chapter 13 Bankruptcy

When you file for Chapter 13 bankruptcy, you must propose a Chapter 13 plan in "good faith," where you repay as much of your unsecured debt as you...

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Can I Keep a Luxury Car in Chapter 13 Bankruptcy?

Whether you can keep a luxury car in Chapter 13 bankruptcy depends on several factors. Will the court find your car payment to be a reasonable and nec...

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Can I Keep Two Cars in Chapter 13 Bankruptcy?

If you own two cars and file for Chapter 13 bankruptcy, whether you can keep both cars will depend on  a number of factors, including how much ...

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"Best Effort" Requirement in Chapter 13 Bankruptcy

In order to be confirmed (approved) by the court, your Chapter 13 repayment plan must represent your "best effort" at paying back your nonpriority...

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Car Leases in Chapter 13 Bankruptcy

If you have a car lease when you file a Chapter 13 bankruptcy you have two options – rejecting the lease and returning the car or continuing wit...

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Debts Discharged at the End of Chapter 13 Bankruptcy

When you complete your Chapter 13 bankruptcy, most of your debts are wiped out by your discharge.

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Inheritances in Chapter 13 Bankruptcy

If you receive an inheritance while in Chapter 13 bankruptcy you may be required to amend your repayment plan and increase what you pay to unsecur...

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Should I Keep My Car in Chapter 13 Bankruptcy?

Most people can keep their cars in Chapter 13 bankruptcy. But just because you can keep your car, doesn't mean you should.

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Can I File Chapter 13 Bankruptcy for an LLC or Corporation?

Unfortunately, corporations and limited liability companies cannot file under Chapter 13. Only individuals can file for Chapter 13 bankruptcy.

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What is a Priority Claim in Chapter 13 Bankruptcy?

In Chapter 13 bankruptcy, you reorganize and pay back a portion of your debts through a repayment plan. Congress has deemed certain debts import...

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Can my home mortgage be reduced with a Chapter 13 cramdown?

Unfortunately, one of the limitations of the Chapter 13 cramdown is that it cannot be used on your primary residence. However, if you've got a mor...

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Can I lower my rental property mortgage in bankruptcy?

You may be able to reduce your rental property mortgage in a Chapter 13 bankruptcy through a mortgage "cramdown."  Read on to learn when you can ...

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Can I reduce my investment property mortgage in bankruptcy?

A Chapter 13 bankruptcy may allow you to reduce the principal balance of your investment property mortgage.  This is known as a mortgage “cramd...

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Secured Debts in Chapter 13 Bankruptcy

Secured debts are handled completely differently in Chapter 13 than in Chapter 7.

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Options if You Can't Make Your Chapter 13 Plan Payments

If you fall behind on your Chapter 13 plan payments, your bankruptcy trustee or a creditor will usually ask the court to dismiss your bankruptcy...

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Modifying Your Chapter 13 Plan Payment

You usually must remain in a Chapter 13 bankruptcy plan for at least three to five years before you can receive a discharge.  However, if you can...

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Debts That Must Be Paid in Chapter 13 Bankruptcy

Different types of debts are paid in different ways in a Chapter 13 bankruptcy. The Bankruptcy Code classifies creditor claims and requires your C...

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Unsecured Debt in Chapter 13: How Much Must You Pay?

Chapter 13 bankruptcy divides debts into several categories. How much you must pay on each type of debt differs. General unsecured claims in Chapt...

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Tax Debts in Chapter 13 Bankruptcy

For the most part, you cannot discharge (wipe out) tax debts in Chapter 13 bankruptcy. Instead, you repay your tax debts through the life of your ...

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What is Lien Stripping in Chapter 13 Bankruptcy?

Lien stripping in Chapter 13 bankruptcy refers to the process of eliminating your junior liens (such as second or third mortgages) from your real ...

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Exemptions in Chapter 13 Bankruptcy

Bankruptcy exemptions play an important role in Chapter 13 bankruptcy. A Chapter 13 reorganization bankruptcy is designed to let you keep all of y...

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Getting Rid of Second Mortgages in Chapter 13 Bankruptcy

If your house has gone down in value since you bought it, a Chapter 13 bankruptcy may help you to get rid of your second mortgage.  This is done ...

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Getting a Chapter 13 Hardship Discharge

If you cannot complete your Chapter 13 repayment plan, you can file a motion with the bankruptcy court asking for a hardship discharge. 

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Car Loan Cramdowns in Bankruptcy

If your car is worth less than what you owe on it, you may be able to use a Chapter 13 bankruptcy “cramdown” to reduce the balance and interes...

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Cramdowns in Chapter 13 Bankruptcy: The Basics

A "cramdown" in a Chapter 13 bankruptcy allows you to reduce the principal balance of a debt  to the value of the property it is secured by.  By...

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Mortgage Cramdowns in Chapter 13 Bankruptcy

Most people would welcome the opportunity to reduce the balance of their mortgages. If certain conditions are met, a Chapter 13 bankruptcy allows you ...

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How to File for Chapter 13 Bankruptcy

What it takes to successfully complete a Chapter 13 bankruptcy.

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Your Obligations Under a Chapter 13 Bankruptcy Plan

To begin a Chapter 13 bankruptcy, you fill out a packet of forms -- mostly the same forms as you would use in a

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An Overview of Chapter 13 Bankruptcy

Chapter 13 bankruptcy, sometimes called reorganization bankruptcy, is quite different from Chapter 7 bankruptcy (which wipes out most of your debts). ...

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Are You Eligible for Chapter 13 Bankruptcy?

For many debtors, Chapter 13 bankruptcy is a good option. But not everyone is eligible for Chapter 13 bankruptcy.

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When Chapter 13 Bankruptcy Is Better Than Chapter 7 Bankruptcy

For some debtors, Chapter 13 bankruptcy is a better option than Chapter 7 bankruptcy.

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Your Car in Chapter 13 Bankruptcy: An Overview

What happens to your car, truck, van, motorcycyle, or other vehicle if you file for Chapter 13 bankruptcy?

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