Home » Business law » How to File Chapter 13 Bankruptcy

How to File Chapter 13 Bankruptcy

03.16.2009 · Posted in Business law


Chapter 13 bankruptcy is another popular personal bankruptcy law, beside chapter 7 bankruptcy. Chapter 13 bankruptcy is addressed for enterprises/company which is revision of Chapter 11 version. Chapter 13 bankruptcy personal states that the debtor is ought to pay the creditors over time in some form of repayment plans but it’s not including discharged debts, so it is called as the Plan of reorganization or the plan to pay. It is important to understand each options before deciding which type will be used to file chapter 13, due to its different characteristic to file chapter 7. This following guides are suggested on how to file for Chapter 13 bankruptcy.

1. Analyze if bankruptcy is the best choice for your financial problems. But Bankruptcy should be considered as last step if there is no available way to recover your finance situation.

2. Learn about how chapter 13 works, because it is designed for people with regular income who want to repay their debts for a certain amount of time to do so, particularly for a period of three-five years of Bankruptcy Exemption Allowances. So it’s best idea to remember the period of time, because in common bankruptcy cases, corporations, partnerships, and those who had dismissed the bankruptcy petition within 180 days, they have no ability to complain.

3. You must file a petition, a list of assets and liabilities, revenues and expenditures, implementation of contracts and leases outstanding in bankruptcy court according to your district law. But you need to buy a bankruptcy forms that are a must for the court. Asking your attorney may lead you to completely understand about the terms of this form.

4. Figure out your payments!. When bankruptcy is a series of charges to worry. You must pay the filing fee of $ 155 court and other administrative tasks. When the petition was filed, most legal actions are “stayed”. This means that most lenders will not be able to sue, garnish wages, or call you on the phone, demanding payment.

5. File a repayment plan with the correct petition, for 15 limit days.

6. After filing a petition, you should met the creditor to ask the related questions, particularly about your assets and financial situation.

7. Don’t ignore to confirm the hearing with all standards of the Bankruptcy Code in the court. Because at this moment, you have the right to oppose the adoption. if the debtor does not commit all of its projected net profit for three years the duration of the plan.

8. Make payments for 30 days from the date of this plan, Asking your lawyer advice whether your payment plan will be approved or not by the court. Because you can modify or improve it which is based on to Chapter 7 liquidation as final version. But it’s good option to hire the best bankruptcy lawyer to help you to file.